The Courier & Advertiser (Angus and Dundee)
Decision on legality of suspension later today
SUPREME COURT: Parliament could resume if ‘unlawful’ ruling is made
The UK’S highest court is to give its ruling today over the legality of the fiveweek suspension of parliament.
Prime Minister Boris Johnson, who has been accused of an unlawful “abuse of power”, will be in the United States when the Supreme Court announces its findings, following a hearing last week.
Eleven justices have been asked to determine whether his advice to the Queen to prorogue parliament, for what opponents describe as an “exceptionally long” period, was unlawful.
Mr Johnson advised the Queen on August 28 to prorogue parliament for five weeks and it was suspended on September 9 until October 14 – to allow the government to set out a new legislative agenda in a Queen’s Speech.
Legal challenges argue prorogation is designed to prevent parliamentary scrutiny of the UK’S impending exit from the EU on October 31.
The Supreme Court heard appeals over three days arising out of separate legal challenges in England and Scotland, in which leading judges reached different conclusions.
In Scotland, a cross-party group of MPS and peers led by SNP MP Joanna Cherry won a ruling from the Inner House of the Court of Session that Mr Johnson’s prorogation decision was unlawful because it was “motivated by the improper purpose of stymieing parliament”.
The justices have been asked to determine whether Mr Johnson’s advice to the Queen was “justiciable” – capable of challenge in the courts – and, if so, whether it was lawful.
Depending on the legal basis upon which the judges reach their conclusions, parliament may have to reconvene if Mr Johnson, who has refused to rule out a second suspension, loses the case.
Documents submitted to the court revealed three possible scenarios in the event the court rules the suspension was unlawful, two of which could see the prime minister make a fresh decision to prorogue.
The other outcome could see the court order parliament to be recalled.
In New York yesterday, Mr Johnson was asked if he was nervous about the Supreme Court judgment, and replied: “It takes a lot to make me nervous these days. All I can tell you is that I have the highest regard for the judiciary in this country, I will look at the ruling with care.”