Scotland appeals court rules PM’s prorogation of parliament is unlawful
Scotland appeals court rules PM’s prorogation of parliament is unlawful

Scotland’s Inner House of the Court of Session held Wednesday that Prime Minister Boris Johnson‘s decision to prorogue, or suspend, Parliament was unlawful.

Prorogation involves the suspension of Parliament without dissolving the body, and it must be approved by Her Majesty The Queen Elizabeth II. Johnson defended the move as a method to develop a new policy agenda for consideration when the body reconvenes. Critics viewed the move as a way to prevent pushing back the October 31 Brexit negotiation deadline.

Seventy-five Members of Parliament petitioned the Scottish Court of Session, arguing that the suspension of Parliament prevented the body from performing its duty of overseeing the executive branch. A lower court ruled that Johnson’s decision was not justiciable because it was a political decision. In an unanimous decision, the Inner House of the Court of Session disagreed.

All three First Division judges have decided that the PM’s advice to the HM the Queen is justiciable, that it was motivated by the improper purpose of stymying Parliament and that it, and what has followed from it, is unlawful.

Therefore, the court will issue an Order holding the suspension of Parliament as unlawful.