British Prime Minister Boris Johnson’s decision to suspend parliament in follow-up to the Brexit was unlawful, the Supreme Court unanimously ruled on Tuesday.
Johnson suspended or prorogued Parliament for five weeks earlier this month, but the court said it was wrong to stop MPs carrying out duties in the run-up to Brexit on 31 October.
The verdict was made after a three-day hearing at the Supreme Court last week which dealt with two appeals – one from campaigner and businesswoman Gina Miller, the second from the UK government. Supreme Court President Lady Hale said, “The effect on the fundamentals of democracy was extreme.” She added, “The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.”
Lady Hale said the unanimous decision of the 11 justices was that Parliament had not been prorogued the decision was null and of no effect and it was for the Speakers of the UK House of Commons (HOC) and members of upper house to decide what to do next. The judgment said that the prolonged suspension of parliamentary democracy took place in quite exceptional circumstances, the fundamental change which was due to take place in the constitution of the United Kingdom on 31 October. Hale says the court is “bound to conclude that the decision to advise Her Majesty to prorogue parliament was unlawful”
Miller was appealing against the English High Court’s decision that the prorogation was “purely political” and not a matter for the courts. The government was appealing against the ruling by Scotland’s Court of Session that the prorogation was “unlawful” and had been used to “stymie” Parliament. The court ruled in favour of Mrs Miller’s appeal and against the government.
The Supreme Court ruling also overturns the decision of the UK High Court, who earlier this month found in favour of the government that they did not have the legal authority to intervene. Speaking outside the court, the applicant Miller said the ruling “speaks volumes”. She added: “This prime minister must open the doors of Parliament tomorrow. MPs must get back and be brave and bold in holding this unscrupulous government to account.”
HOC Speaker John Bercow welcomed the ruling and said Parliament “must convene without delay”, adding that he would now consult party leaders “as a matter of urgency”. He said that the parliament will sit on Wednesday and citizens of the UK are entitled to expect that parliament perform its functions.
HOC Speaker John Bercow welcomed the ruling and said Parliament “must convene without delay”, adding that he would now consult party leaders “as a matter of urgency”. He said that the parliament will sit on Wednesday and citizens of the UK are entitled to expect that parliament perform its functions. British opposition leader Jermey Corbyn, demanding the resignation of PM Johnson, said that the Supreme Court judgement demonstrates Boris Johnson’s contempt for parliament.