A full hearing at the Supreme Court is set to start next Tuesday. The government says it plans to appeal the Scottish court’s decision.
SNP MP Joanna Cherry QC, who was among the cross-party group of politicians who brought the action, tweeted: “All 3 judges in Scotland’s Highest court of appeal rule Prorogation unlawful!”
“Huge thanks to all our supporters & our fantastic legal team who have achieved the historic ruling that prorogation is unlawful,” she added in a second tweet.
In a summary of their findings, the Court of Session judges said the decision to prorogue was motivated by the “improper purpose of stymying Parliament.”
Government ‘disappointed’ at ruling
Reacting to the ruling, a UK government spokesperson said: “We are disappointed by today’s decision, and will appeal to the UK Supreme Court.”
“The UK government needs to bring forward a strong domestic legislative agenda,” it added. “Proroguing Parliament is the legal and necessary way of delivering this.”
Keir Starmer, the opposition’s Brexit spokesman, tweeted that he welcomed the court’s decision: “No one in their right mind believed Boris Johnson’s reason for shutting down Parliament.”
“I urge the Prime Minister to immediately recall Parliament so we can debate this judgement and decide what happens next,” he added.
At the end of August, Prime Minister Boris Johnson announced his intention to prorogue Parliament, sparking an outcry from opposition lawmakers who accused him of attempting to shut down the debate on Brexit.
Suspending Parliament in order to restart the political calendar is usually a routine annual event, but the timing and length of this prorogation was criticized because it limited opportunities for lawmakers to legislate against a potential no-deal Brexit, ahead of the October 31 deadline for the UK to leave the European Union.
Opposition leaders released a joint statement via Twitter at the time announcing they would work together to stop Johnson’s “smash and grab on democracy.”
Separate challenges to Johnson’s decision were filed by a cross-party group of 70 lawmakers and peers and the prominent anti-Brexit campaigner Gina Miller.
More to follow.