Scottish judges deliver Boris Johnson by deciding that parliament has been ILLEGAL suspended – prompting demands that MEPs be MEMORIED as the titanic heads of war before the Supreme Court
- A few judge in Edinburgh previously thought that the suspended parliament was legal
- But three higher judges have now destroyed that in a setback for Boris Johnson
- The case is on appeal to the Supreme Court in London next week
Scottish judges today gave Boris Johnson a hammer through a sensationally ruling parliament that was illegally suspended.
A court in Edinburgh ruled that prorogation was unlawful because the prime minister's intention was to control MPs & # 39; stymy & # 39 ;.
The stage is now ready for a gigantic confrontation at the Supreme Court on Tuesday – with the risk that the monarch would be dragged into the bitter Brexit war.
The judges suggested that Mr. Johnson misled the queen about his motivations and concluded that he had an & # 39; inappropriate goal & # 39; had.
Other politicians who brought the case claimed that Parliament's prorogation – which was done by royal proclamation in the early hours of Tuesday morning – was now void.
& # 39; We call on Parliament to be recalled immediately & # 39 ;, said SNP Joanna Cherry.
A British government spokesman said: “We are disappointed with today's decision and will appeal to the British Supreme Court.
& # 39; The UK government needs to present a strong national legislative agenda. Proroguing Parliament is the legal and necessary way to achieve this. & # 39;
Judge Lord Doherty rejected a challenge against the planned prorogation to the Court of Session last Wednesday and said it is up to politicians and not to the courts to decide.
But a panel of three judges in Edinburgh overturned that decision.
A summary of the verdict was: & # 39; All three first division judges have decided that the Prime Minister's advice to HM the Queen is justified, that it was motivated by the improper purpose of parliamentary stymying and that it, and what ensues, is unlawful.
& # 39; The court will issue an order accordingly stating that the Prime Minister's advice to HM the Queen and the subsequent prorogation was unlawful and therefore invalid and ineffective. & # 39;
The case has now been brought before the Supreme Court in London, where it is expected to be handled alongside a similar case from campaigner Gina Miller.
Boris Johnson suffered a setback today when Scottish judges ruled that his parliamentary suspension was illegal. It is expected that the case will be appealed to the Supreme Court
Scottish MP Joanna Cherry, pictured with lawyer Jo Maugham called the verdict & # 39; historic & # 39; and & # 39; fantastic & # 39;
Those who brought the case have quickly celebrated the outcome.
Joanna Cherry, one of the Scottish MEPs who brought up the challenge, tweeted: & Thanks a lot to all our supporters and our fantastic legal team who made the historic statement that #prorogation # is illegal & # 39;
Jolyon Maugham QC, the anti-Brexit lawyer who was the second petitioner in the case, said the Supreme Court would deal with the case next week.
He tweeted: & # 39; We won. The appeal begins on Tuesday at the Supreme Court.
& # 39; We believe that the effect of the decision is that Parliament is no longer benefited.
& # 39; I have never been able to consider the possibility that the law could be that our sovereign parliament can be treated as an inconvenience by the prime minister.
& # 39; I am pleased that Scotland's Supreme Court agrees. But in the end, as has always been the case, it is the final decision of the referee.
& # 39; We will meet again at the Supreme Court next week. & # 39;
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