Brexit In Chaos After Court Rules PM's Suspension Of Parliament Was Unlawful

Labour Party deputy leader Tom Watson wants a second referendum over a general election

"The Lord President, Lord Carloway, decided that although advice to HM the Queen on the exercise of the royal prerogative of prorogating Parliament was not reviewable on the normal grounds of judicial review, it would nevertheless be unlawful if its objective was to stymie parliamentary scrutiny of the executive", the Judiciary of Scotland wrote in its summary of the opinion.

Johnson's advice to Queen Elizabeth II that parliament be prorogued from this week until 14 October "was unlawful because it had the goal of stymying parliament", a summary of the judgement said.

Last week, his government lost control of Parliament to an informal coalition of the main opposition and Conservative rebels, who then passed a bill on Monday to block a "no-deal" Brexit within the current deadline.

The matter has been referred to the UK Supreme Court, which is expected to hear the arguments on Tuesday.

Prime Minister Boris Johnson's suspension of the British parliament was unlawful, a Scottish court ruled on Wednesday, prompting immediate calls for lawmakers to return to work as the government and parliament battle over the future of Brexit.

The government will appeal against the ruling to the Supreme Court, the United Kingdom's highest judicial body, and an official said Johnson believed parliament remained suspended pending a decision by that court. The court might say that Parliament was never prorogued at all in the eyes of the law and so is actually still sitting after all.

He prorogued Parliament on Tuesday arguing that it was a routine suspension to allow the political parties to hold their annual conferences and to reset the government's domestic agenda.

The group of parliamentarians who petitioned the Court of Session said their understanding is parliament can now reassemble if it so wishes, with SNP MP Joanna Cherry among those calling for it to be recalled.

More news: Labour's Watson: It feels like a Brexit election is inevitable

"Boris Johnson as prime minister has tried to ride roughshod over this and the Scottish legal system has brought him to task".

"The Court will accordingly make an Order declaring that the Prime Minister's advice to HM (Her Majesty) the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect".

"It is absolutely central to our constitution that the relationship between the Prime Minister and the Queen is one of the utmost confidentiality and the utmost good faith".

"Following the judgement today of Scotland's highest civil court, I have written to Boris Johnson demanding he recalls Parliament and end this unlawful prorogation", Tweeted Mr. Blackford.

The former Tory Justice Secretary David Gauke told BBC Radio 4: "I do think proroguing Parliament was a mistake".

She added: "We feel utterly vindicated and I would be confident that the UK Supreme Court will uphold this decision".

Labour's Shadow Attorney General said: "This ruling shows that, despite what Boris Johnson has spent his privileged life thinking, he is not above the law".

Already, Downing Street is seeking to hit back politically, with a source quoted as saying that "legal activists choose the Scottish courts for a reason". Ms Miller is appealing that decision in the Supreme Court.

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