A SCOTTISH judge has ruled that Boris Johnson’s plan to shut down the UK Parliament is lawful.
Lord Doherty, at the Court of Session in Edinburgh, said it was “not for the courts to decide further restraints on prorogation which go beyond those which parliament provides”.
Petitioners, led by SNP MP Joanna Cherry, aimed to stop the UK Government suspending parliament ahead of the October 31 Brexit deadline amid claims that the Prime Minister was trying to limit MPs’ scrutiny and their attempts to stop a no-deal Brexit.
Doherty said he was aware that the case is likely to be appealed.
He also backed the UK government argument that “prorogation does not render” parliamentary process “futile”, and said says fact that parliament will not be sitting “does not in itself have an effect on individuals’ EU law rights”.
Cherry tweeted her intention to appeal: “Seems we have lost #Cherrycase to stop #prorogation at 1st instance. Judge rules court can't review exercise of prerogative power to #prorogue. We thinks he's erred in law on this point & others & will seek to appeal immediately #Brexit #StopTheCoup.”
The judge said the decision on proroguing Parliament was one for politicians, and not for the courts.
“In my view, the advice given in relation to the prorogation decision is a matter involving high policy and political judgement,” he said.
“This is political territory and decision-making, which cannot be measured by legal standards, but only by political judgements. Accountability for the advice is to Parliament and, ultimately, the electorate, and not to the courts.
“I do not accept the submission that the prorogation contravenes the rule of law and the claim is justiciable because of that.
“In my opinion, there has been no contravention of the rule of law.
“The power to prorogue is a prerogative power and the Prime Minister had the vires to advise the sovereign as to its exercise."
Scottish Greens Co-Leader Patrick Harvie MSP said the ruling highlighted the failings of the UK constitution: “It’s clear that the UK’s unwritten constitution is not fit for purpose, and that’s why Greens have repeatedly said that an independent Scotland must adopt a written constitution which clearly lays out powers and responsibilities.
“In the meantime, I would urge the petitioners to explore every possible avenue for an appeal against this ruling. UK politics is currently in crisis and it is vital that parliament uses all its leverage to control Johnson’s menacing regime.”
Ian Murray, Labour MP for Edinburgh South, who was one of the petitioners in the case, insisted: “The fight against Boris Johnson's assault on democracy and his plan to crash the UK out of the EU goes on.
“There will be an appeal on this ruling and there is another court case taking place in England.”
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