Scottish appeal court judges have ruled that Boris Johnson’s decision to suspend parliament is unlawful.
The three judges, chaired by Lord Carloway, Scotland’s most senior judge, say that the prorogation of parliament in the run-up to the October Brexit deadline is unlawful.
They have overturned an earlier ruling that the courts did not have the powers to interfere in the prime minister’s political decision to prorogue parliament.
Scottish Court is Session ruling advice given to suspend Parliament was unlawful. pic.twitter.com/WIn6dAGYLX
— James Doleman (@jamesdoleman) September 11, 2019
Lawyers acting for 75 opposition MPs and peers claimed suspending 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 supreme court has already scheduled an emergency hearing on both the Scottish and English cases for September 17, alongside a third challenge brought in the courts in Belfast.
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.