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UK Supreme Court rules PM’s suspension of Parliament was unlawful

By Angus McNeice in London | Updated: 2019-09-24 17:45

Demonstrators protest outside the Supreme Court in London, Britain Sept 24, 2019. [Photo/Agencies]

The United Kingdom Supreme Court has ruled that Prime Minister Boris Johnson's decision to suspend Parliament for five weeks was unlawful.

Johnson had requested that The Queen end the parliamentary session, a move known as prorogation, for five weeks starting on Sept 9. Critics claimed the decision was designed to prevent MPs from obstructing Johnson's plans to take the UK out of the European Union on Oct 31.

Johnson dismissed this accusation, and said the prorogation will allow him to "bring forward an ambitious new legislative program for MPs' approval".

The Supreme Court ruled on the matter following challenges brought from Edinburgh's Court of Session and London's High Court. The latter found that the prorogation was not a matter for the courts, however the Scottish court ruled Johnson's move as unlawful.

On Tuesday, all 11 judges at the UK Supreme Court - which is the final court of appeal in the UK for civil cases - unanimously ruled the prorogation as unlawful.

"The court is bound to conclude ... that 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," said Lady Hale, who is president of the Supreme Court.

She added: "It is important once again to emphasize that these cases are not about when and on what terms the United Kingdom is to leave the European Union. They are only about whether the advice given by the Prime Minister to Her Majesty the Queen was lawful.''

Following the ruling, the Speaker of the House of Commons John Bercow said that the House of Commons must "convene without delay".

"The judges have rejected the government's claim that closing down parliament for five weeks was merely standard practice," Bercow said. "In reaching their conclusion, they have vindicated the right and duty of parliament to meet at this crucial time."

Several MPs have called on Johnson to resign and leader of the opposition Labour Party Jeremy Corbyn said that Johnson should "consider his position" in light of the judgement.

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