UK’s highest court has unanimously ruled that the decision by Prime Minister Boris Johnson to suspend parliament for five weeks was unlawful, in what amounts to another bruising political defeat for the Conservative leader.
A total of 11 judges at the Supreme Court in London made the historic decision that Johnson should not have asked the Queen to prorogue parliament until 14 October.
The justices were asked to determine whether the PM’s advice to the Queen was ‘justiciable’ – capable of challenge in the courts – and, if so, whether it was lawful.
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They unanimously agreed the advice was justiciable. They also unanimously agreed that the prorogue was unlawful. Lady Hale said the prorogation was ‘void and of no effect’, adding: ‘Parliament has not been prorogued.’
She said the effect on democracy of the prorogation was “extreme,” and that no evidence showed why such a long suspension was necessary.
Hale says prorogation is not a proceeding in parliament.
Although it takes place in parliament, it is not their decision. It is something that has been imposed on them from
The PM’s advice to Her Majesty was “unlawful, void and of no effect”.
That means the order in council was also “unlawful, void and of no effect”.
That means the prorogation had no effect. She says it is as if the royal commission had no effect.
Parliament has not been prorogued, she says.
She says it is for the Speaker to decide what happens next.
END
