Scotland: Johnson's decision to suspend parliament is unlawful

The ruling is now set to be appealed in the UK’s Supreme Court

Photo: EPA Britain`s Prime Minister Boris Johnson leaves Downing Street in London.

Scotland’s highest court of appeal ruled on Wednesday that British Prime Minister Boris Johnson’s decision to suspend parliament for five weeks is unlawful, the lawmaker who led the challenge said.

Last week, a judge at the Court of Session in Edinburgh ruled that Boris Johnson’s decision to prorogue the UK parliament was not illegal and did not breach the rule of law. The decision was then appealed and the verdict was delivered this morning.

The Inner House of the Court of Session now ruled the Prime Minister’s advice to the queen that the UK Parliament should be prorogued from a day between 9 and 12 September until 14 October was unlawful because "it had the purpose of stymying Parliament."

“Huge thanks to all our supporters & our fantastic legal team who have achieved the historic ruling that #prorogation is #unlawful,” Scottish National Party lawmaker Joanna Cherry said on Twitter.

It is now expected the ruling to be appealed in the UK’s Supreme Court, the highest judicial body in the United Kingdom next Tuesday.

Today’s ruling comes after the UK parliament was officially suspended in the early hours of Tuesday morning after MPs rejected Boris Johnson’s second attempt to force a general election. It is yet unclear as yet if the ruling will lead to the House of Commons being recalled.

If that does not happen, Parliament will return on 14 October, with Johnson’s last chance to reach an agreement at the two-day EU summit starting on 17 October.

The case is thus one of three taken against the UK government after it announced it would be proroguing parliament in the run up to 31 October – the date on which the UK is scheduled to finalise its split from the EU. 

Similar articles