24 September 2019

The Guardian: Johnson's suspension of parliament unlawful, supreme court rules

The unanimous judgment from 11 justices on the UK’s highest court followed an emergency three-day hearing last week that exposed fundamental legal differences over interpreting the country’s unwritten constitution.

The momentous decision was read out by Lady Hale, president of the supreme court. Unusually, none of the parties were provided with advance copies of the judgment due to its sensitivity. Only seven of the 11 justices who heard the case were present in court.

The first legal question the judges had to resolve was whether the prime minister’s decision – exploiting residual, royal prerogative powers – was “justiciable” and could consequently be subjected to scrutiny by the courts. The English high court declined to intervene; the Scottish appeal court concluded that judges did have legal authority to act. The supreme court supported the Scottish interpretation.

Delivering judgment, Hale said: “The question arises in circumstances which have never arisen before and are unlikely to arise again.”

Then, giving the court’s judgment on whether the decision to suspend parliament was legal, Hale said: “This court has … concluded that the prime minister’s advice to Her Majesty [ to suspend parliament] was unlawful, void and of no effect. This means that the order in council to which it led was also unlawful, void and of no effect should be quashed. [...]

Full article on The Guardian

Reactions:

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