Newsnight, Brexit: Scottish judges rule suspension of parliament unlawful DISCUSSION

Strong press reaction to Scottish court's prorogation ruling

World News: 'Absolutely not': PM Johnson denies lying to Queen Elizabeth in Brexit crisis

"No Scottish Government would have the legal ability to act in this dictatorial manner".

Belfast's High Court dismissed on Thursday a case arguing that a British exit from the European Union without a withdrawal agreement would contravene Northern Ireland's 1998 peace accord. They ruled that the matter was "non-justiciable" because it was essentially a political question.

"Within the world of politics, the well-recognised phenomena of claim and counter-claim, assertion and counter-assertion, allegation and denial, blow and counter-blow, adjustment and modification of government policy, public statements, unpublished deliberations, posturing, strategy and tactics are the very essence of what is both countenanced and permitted in a democratic society".

However, the judges in Edinburgh declared that the true reason was to stymie parliamentary scrutiny of the executive.

The Prime Minister will have no choice but to resign if a court upholds a decision he misled the royal when giving her reasons why Parliament should be prorogued, according to ex-Conservative Attorney General Dominic Grieve.

Lord Chief Justice Lord Burnett, Master of the Rolls Sir Terence Etherton and president of the Queen's Bench Division Dame Victoria Sharp delivered their ruling at a brief hearing in London on Wednesday.

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"We believe that the effect of the decision is that Parliament is no longer prorogued".

BORIS JOHNSON was accused of lying to the Queen after judges ruled he unlawfully suspended parliament to shut down debate on Brexit.

In a summary judgement released the court added that Johnson's advice "was motivated by the improper objective of stymying parliament and that it, and what has followed from it, is unlawful".

If the Supreme Court finds against the Government, the backlash would be fierce.

The issue will go before the highest legal body in Britain, the Supreme Court, next Tuesday for a final decision.

The judges said Mr Johnson was attempting to prevent parliament holding the Government to account over Brexit.

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The appeal judgement ostensibly reverses an initial finding in the same case at Edinburgh's Court of Session last Wednesday. Jo Maugham, a lawyer involved in the Scottish case, said the government's appeal would begin next September 17.


The government is resisting that call while it awaits the verdict of the UK Supreme Court which will consider an appeal on this matter.

If it rules prorogation was unlawful, the government would nearly certainly have to advise the Queen to recall parliament immediately.

The five-week suspension of parliament, or proroguing, started on Tuesday.

"Mr Johnson doesn't have a majority, the Speaker is very concerned about the circumstances of the prorogation, his concerns have been vindicated by this ruling and therefore Parliament should return and we should be able to get on with our jobs representing our constituents".

He added in an article for the Financial Times: "In effect, though not in express terms, the Scottish court has held that Mr Johnson lied to the Queen".

Officials insist the prorogation was to allow for a new Queen's Speech and not to stop MPs passing legislation against a No Deal Brexit.

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