Scottish judges rule UK parliament suspension is unlawful

By Adeola Bakare On Sep 11, 2019

LONDON, ENGLAND - AUGUST 28: A protesters holds a placard saying "Defend Democracy Resist The Parliament Shutdown" as they gather outside the gates of Downing Street to protest against the government proroguing parliament on August 28, 2019 in London, England. Reaction to the UK Government's decision to prorogue parliament led left-wing commentator Owen Jones calling for a rally outside parliament this evening and a House of Commons petition against to reach 500,000 signatures within a few hours of its launch. (Photo by John Keeble/Getty Images)

https://edition.cnn.com/2019/09/11/uk/scottish-court-uk-parliament-prorogation-intl/index.html

(CNN)Three judges at Scotland’s highest court of appeal have ruled that the UK government’s decision to shut down Parliament is unlawful.

The court did not immediately issue an order to lift the suspension — also known as prorogation — noting that the UK Supreme Court is expected to hear the case next week.

The judges overturned an earlier ruling that the courts did not have the power to interfere in the Prime Minister’s political decision to prorogue parliament.

“The UK government needs to bring forward a strong domestic legislative agenda,” it added. “Proroguing Parliament is the legal and necessary way of delivering this.”

Keir Starmer, the opposition’s Brexit spokesman, tweeted that he welcomed the court’s decision: “No one in their right mind believed Boris Johnson’s reason for shutting down Parliament.”

“I urge the Prime Minister to immediately recall Parliament so we can debate this judgement and decide what happens next,” he added.

At the end of August, Prime Minister Boris Johnson announced his intention to prorogue Parliament, sparking an outcry from opposition lawmakers who accused him of attempting to shut down the debate on Brexit.

A protester holds a placard at the gates of Downing Street during a demonstration against the UK Government’s decision to prorogue parliament.

Suspending Parliament in order to restart the political calendar is usually a routine annual event, but the timing and length of this prorogation was criticized because it limited opportunities for lawmakers to legislate against a potential no-deal Brexit, ahead of the October 31 deadline for the UK to leave the European Union.

Opposition leaders released a joint statement via Twitter at the time announcing they would work together to stop Johnson’s “smash and grab on democracy.”

Separate challenges to Johnson’s decision were filed by a cross-party group of 70 lawmakers and peers and the prominent anti-Brexit campaigner Gina Miller.

Lawmakers are not scheduled to return to parliament until October 14, just days before the UK is due to leave the EU.