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Thread: Brexit: Scottish judges rule Parliament suspension is unlawful

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    Brexit: Scottish judges rule Parliament suspension is unlawful

    Brexit: Scottish judges rule Parliament suspension is unlawful | BBC

    Boris Johnson’s suspension of the UK Parliament is unlawful, Scotland’s highest civil court has ruled.



    9/11/19
    A panel of three judges at the Court of Session found in favour of a cross-party group of politicians who were challenging the prime minister's move. The judges said the PM was attempting to prevent Parliament holding the government to account ahead of Brexit. A UK government appeal against the ruling will be heard by the Supreme Court in London next week. The Court of Session decision overturns an earlier ruling from the court, which said last week that Mr Johnson had not broken the law. The current five week suspension of Parliament, a process known as proroguing, started in the early hours of Tuesday. MPs are not scheduled to return to Parliament until 14 October, when there will be a Queen's Speech outlining Mr Johnson's legislative plans. The UK is due to leave the EU on 31 October. Opposition parties have called for Parliament to be immediately recalled in the wake of the court judgement, but Downing Street said this would not happen ahead of the Supreme Court's ruling on the case.

    Mr Johnson had previously insisted that it was normal practice for a new government to prorogue Parliament, and that it was "nonsense" to suggest he was attempting to undermine democracy. But the Court of Session judges were unanimous in finding that Mr Johnson was motivated by the "improper purpose of stymieing Parliament", and he had effectively misled the Queen in advising her to suspend Parliament. They added: "The Court will accordingly make an Order declaring that the prime minister's advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect." One of the three judges, Lord Brodie, said: "This was an egregious case of a clear failure to comply with generally accepted standards of behavior of public authorities. "It was to be inferred that the principal reasons for the prorogation were to prevent or impede Parliament holding the executive to account and legislating with regard to Brexit, and to allow the executive to pursue a policy of a no-deal Brexit without further Parliamentary interference."
    Undoubtedly this will next go to the UK Supreme Court.

    Related: Keir Starmer: court's prorogation ruling a victory for democracy


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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by Rogue Valley View Post
    Brexit: Scottish judges rule Parliament suspension is unlawful | BBC

    Boris Johnson’s suspension of the UK Parliament is unlawful, Scotland’s highest civil court has ruled.





    Undoubtedly this will next go to the UK Supreme Court.

    Related: Keir Starmer: court's prorogation ruling a victory for democracy
    If the people of Britain wish to leave the EU, can't they keep on voting in pro-Brexit MPs in 'special elections' until the UK leaves the EU?
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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by cabse5 View Post
    If the people of Britain wish to leave the EU, can't they keep on voting in pro-Brexit MPs in 'special elections' until the UK leaves the EU?

    You make it sound so easy haha

    Even the pro-Brexit MPs have, in the past voted against the Brexit process in it various forms.

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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by cabse5 View Post
    If the people of Britain wish to leave the EU, can't they keep on voting in pro-Brexit MPs in 'special elections' until the UK leaves the EU?
    You make it sound so easy haha

    Even the pro-Brexit MPs have, in the past voted against the Brexit process in it various forms.

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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by Snazzy View Post
    You make it sound so easy haha

    Even the pro-Brexit MPs have, in the past voted against the Brexit process in it various forms.
    If I were a pro-Brexit individual, I'd be sure to vote that MP out. That issue would be that important to me. Maybe I'm misreading the desire of people from the UK to leave the EU?
    "Elitism is not just for the rich and powerful. Elitism is everywhere. The cry of the 'Nouveau-elite' is: You can't be racist but I can be racist. You can't be sexist but I can be sexist. You can't be fascist but I can act like a fascist and fascism only happens on the right." 01/09/19

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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by cabse5 View Post
    Maybe I'm misreading the desire of people from the UK to leave the EU?
    There is a vast difference between a "soft" Brexit with an EU exit deal in place, and the crash-out-no-deal Brexit that Johnson is pushing.


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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by cabse5 View Post
    If the people of Britain wish to leave the EU, can't they keep on voting in pro-Brexit MPs in 'special elections' until the UK leaves the EU?
    Even if it were that easy it's not as if everyone is on the same page regarding a negotiated separation versus the hard exit. Some people want a plan in place that doesn't adversely affect the UK in regards to trade and existing treaties versus the "we'll leave and figure it out later". That's been the flaw by those who claim the will of the people isn't being served because the hard Brexit wasn't the bill of goods sold. One has to wonder what that referendum would look like if it were sold that way.
    Last edited by ElChupacabra; 09-11-19 at 10:50 AM.

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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by cabse5 View Post
    If I were a pro-Brexit individual, I'd be sure to vote that MP out. That issue would be that important to me. Maybe I'm misreading the desire of people from the UK to leave the EU?
    They were always in a minority, but the Brexit sold to them meant different things to different people. The government have spent three years trying to find a Brexit that a majority can agree to and it doesn't exist. The hard Brexiters vote down the soft Brexits and vice versa. Johnson's coup aims to drag us all out with the hardest possible Brexit, and he and his gang have broken the law to do it. Meanwhile polls of the electorate have shown consistently for months that we changed our minds as the reality dawned, and we no longer believed the lies.
    Arrests should be made.
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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    If the prorogation petitioned for by Mr. Johnson is unlawful, then didn't Queen Elizabeth actually break the law and not Mr. Johnson? The sovereign gave royal assent to Mr. Johnson's petition for prorogation, so, even if her hands were tied by legal tradition, the unlawful act was hers as the head of state, no? She acted with the advice and consent of the head of government who requested something which is routinely done and granted in British governance. Having read some outlines of the Scottish court's decisions this seems to be an attempt to solve a political dispute with a legal remedy, and such practices usually produce very bad law. This is why mixing law and politics is such a messy affair.

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    Re: Brexit: Scottish judges rule Parliament suspension is unlawful

    Quote Originally Posted by Evilroddy View Post
    If the prorogation petitioned for by Mr. Johnson is unlawful, then didn't Queen Elizabeth actually break the law and not Mr. Johnson? The sovereign gave royal assent to Mr. Johnson's petition for prorogation, so, even if her hands were tied by legal tradition, the unlawful act was hers as the head of state, no? She acted with the advice and consent of the head of government who requested something which is routinely done and granted in British governance. Having read some outlines of the Scottish court's decisions this seems to be an attempt to solve a political dispute with a legal remedy, and such practices usually produce very bad law. This is why mixing law and politics is such a messy affair.

    Cheers.
    Evilroddy.
    Even if conceptually the Queen it was who broke the law, I think we can all agree that the Queen's Speech she's going to have to deliver in a month's time will be punishment enough.

    Since the judges' verdict will presumably have been reached under Scottish law rather than England & Wales one, it's probably going to be summarily kicked out by the Supreme Court, but having the suspense hanging over him only adds to the downtempo BoJo mood music. That Scotland has its own legal system from the get-go is good news for the independence project, but it comes with its quirks.

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