Scottish judges rule Boris Johnson's prorogation unlawful

[Soph0571]

Source: The Guardian

Scottish appeal court judges have declared that Boris Johnson’s decision to suspend parliament in the run-up to the October Brexit deadline is unlawful.

The three judges, chaired by Lord Carloway, Scotland’s most senior judge, overturned an earlier ruling that the courts did not have the powers to interfere in the prime minister’s political decision to prorogue parliament.

Lawyers acting for 75 opposition MPs and peers argued Johnson’s decision to suspend parliament for five weeks was illegal and in breach of the constitution, as it was designed to stifle parliamentary debate and action on Brexit.

The British government will appeal against the Scottish appeal court’s decision, which also contradicts a decision in Johnson’s favour by senior English judges last week, at the supreme court.

Read more: https://www.theguardian.com/politics/2019/sep/11/scottish-judges-rule-boris-johnsons-prorogation-unlawful

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This really is a constitutional crisis and this ruling on one hand, is excellent, but further complicates an already messy situation. I think even if the Supreme Court rules the porogation illegal next week the Boris Administration will refuse to comply...

[Recursion]

1. Full judgment will be released Friday, and no injunction until the SCOTUK rules

Until fairly recently the Lords were the court of final jurisdiction in questions like this, which would have been interesting.

[Ghost Dog]

5. SCOTUK would have no jurisdiction, were this a criminal case.

Perhaps it should be, and de Pfiffel-Johnson consigned to an Edinburgh Castle dungeon.

[Recursion]

10. He is immune to prosecution from constituent countries

However, Parliament can lock him in the Elizabeth Tower (a.k.a. "Big Ben&quot

[crazytown]

2. Scotland isn't England ,

they have no right to interfere

[Ghost Dog]

11. Scotland is not and has never been part of England, that is correct,

and was never conquered even by Rome. Very unlike the case of Catalonia, which is and always has been a subsidiary part of Spain or of precursor kingdoms or emirates or Roman Empire, since pre-Carthaginian times.

[KY_EnviroGuy]

3. Good response on the live coverage.....

Source: The Guardian

This is from Shami Chakrabarti, the shadow attorney general, on the court of session’s judgement.

This ruling shows that, despite what Boris Johnson has spent his privileged life thinking, he is not above the law.

Labour will not allow his elitist shutdown of parliament to enable him to dodge scrutiny and force through a disastrous no-deal Brexit.

From:

Brexit: Labour and SNP demand recall of parliament after Scottish court rules prorogation unlawful - live news

Link: https://www.theguardian.com/politics/blog/live/2019/sep/11/brexit-latest-news-public-would-not-benefit-from-hearing-official-worst-case-no-deal-assumptions-says-leadsom-live-news

Will tRump and his minions take notice?............

[Soph0571]

4. Love Shami

[TomVilmer]

6. Scotland is proudly a very independent part of Great Britain

I was arrested in Scotland in 1986 for a small peace blockade against the nuclear armed submarines, placed up there by the English - which the locals really do not like. I was very well treated in their juridical system. The judge asked when I myself had planned to leave the country - after one week - and then ordered me to leave the country after two weeks .

Much more importantly: Three brave women accused of damaging a nuclear submarine went free from punishment in 1999 after a Scottish judge declared those weapons was illegal under international law.

[onetexan]

7. if Borish Boris refuses to comply then Parliament has no choice but to force a no-confidence vote to

oust him.

[Soph0571]

8. But it is a catch 22

If he refuses to direct the Queen to open Parliament - how can the have a vote of no confidence?

[Ghost Dog]

9. Then the Queen could seize the initiative and sack him!

... All right, that is unthinkable... But a European-style President of a Republic could!

[onetexan]

16. Agree, in that direction situation when they have a lawless PM

The queen has no choice but to listen to her people & other MPs and do the right thing. Cant imagine that she would want england to go down like a sibking ship all because of a horrid man who refuses to abide by their constitution.

[onetexan]

17. BTW if the supreme court declares his prorogation of parliament

Unconstitutional, he is acting illegally. So the ruling essentially puts Parliament back in position to reconvene, whether Boris likes it or not. He cant hold parliament hostage by refusing to call parl to reconvene.

[BlueIdaho]

18. Good info - thank you! nt.

[beachbumbob]

12. Putin is really enjoying all of this isn't he?

[Soph0571]

13. Far to much to be comfortable...

[Javaman]

14. speeding toward a cliff...damn the brakes! nt

[JudyM]

15. Constitutionality of shutting down legislature gets heard by their S.Court. But McConnell can't be

similarly challenged for causing the same effect here...?

[BlueIdaho]

19. The UK is a far older democracy

They have learned their lessons about those who would abuse their powers...

[malthaussen]

20. They're basing their ruling on presumed intent?

Neat trick, that.

-- Mal

[Soph0571]

21. Yeah

It will be interesting to see what the Supreme Court makes of it next week

[Denzil_DC]

22. Backed up with various documented loose-lipped statements about motivation

from Tories and their advisers!

I'm not holding my breath for a favourable outcome in the Supreme Court, but let's just say I wouldn't want to be doing the Tory bigwigs' laundry any time soon.

[KY_EnviroGuy]

23. Johnson misled the Queen........

Link to tweet

Link to FT article: https://www.ft.com/content/12097e7c-d47f-11e9-8367-807ebd53ab77

Good read there that explains why Scottish courts may prevail where England's did not.....