By Ben Kerrigan-
The Supreme Court has ruled against Prime Minister Boris Johnson’s decision to suspend Parliament for five weeks.
The president of the Supreme Court, Brenda Hale, said Johnson’s decision to suspend parliament was unlawful. She explained that the attempt was not a normal suspension and that it had taken place in exceptional circumstances. She said no justification for the government taking such extreme action.
Hale said that the decision by Johnson’s government to advise the queen to suspend 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”
The justices disagreed with the High Court ruling that the suspension of parliament was not justiciable, unanimously agreeing that it was “justiciable”, and there was “no doubt that the courts have jurisdiction to decide upon the existence and limits of a prerogative power”. The government’s bid to appeal the ruling by Scotland’s Court of Session that the prorogation was “unlawful” and had been used to “stymie” Parliament failed and collapsed in its face.
She added: “Parliament, and in particular the House of Commons as the elected representatives of the people, has a right to a voice in how that change comes about. The effect upon the fundamentals of our democracy was extreme. No justification for taking action with such an extreme effect has been put before the court.”
Lady Hale said it would be for the speakers of the House of Commons and House of Lords to “take immediate steps to enable each House to meet as soon as possible”.
House of Commons Speaker John Bercow welcomed the judgement and said he would consult with party leaders urgently. They are expected back at 11.30am tomorrow morning.
He said: “The judges have rejected the government’s claim that closing down parliament for five weeks was merely standard practice to allow for a new Queen’s Speech.
“In reaching their conclusion, they have vindicated the right and duty of parliament to meet at this crucial time to scrutinise the executive and hold ministers to account. As the embodiment of our parliamentary democracy, the House of Commons must convene without delay. To this end, I will now consult the party leaders as a matter of urgency.”
Labour leader Jeremy Corbyn made an immediate statement from the podium at Labour’s conference in Brighton, saying Mr Johnson should “consider his position”.
He said: “It demonstrates a contempt for democracy and an abuse of power by him. The Supreme Court passes the baton to the Speaker to recall parliament. I will in touch immediately to demand that parliament is recalled so we can question that prime minister, demand that he obeys the law that has been passed by parliament.”
Boris Johnson who is in Newyork expressed his displeasure with the ruling, but insisted he will bring the Uk out of the EU on October 31 come what may. However, Mps may frustrate those plans by forcing the prime minister or his representatives to seek an extension of the deadline.