A judge in Scotland has ruled that Boris Johnson’s plan to shut down parliament is lawful.
A group of cross-party MPs had launched a legal bid in the Court of Session – Scotland’s supreme civil court – to try and stop the government suspending parliament ahead of the Brexit deadline.
But the judge Lord Doherty said the decision about ‘proroguing’ parliament was for politicians, not the courts.
“This is political territory and decision-making, which cannot be measured by legal standards, but only by political judgements,” he said.
“I do not accept the submission that the prorogation contravenes the rule of law and the claim is justiciable because of that.”
Responding to the news, SNP MP Joanna Cherry – who led the challenge alongside Lib Dem leader Jo Swinson – said that they would appeal the decision.
“Seems we have lost #Cherrycase to stop #prorogation at 1st instance. Judge rules court can’t review exercise of prerogative power to prorogue,” she tweeted.
“We think he’s erred in law on this point & others and will seek to appeal immediately. #Brexit #StopTheCoup.”
The ruling comes after Johnson successfully petitioned the Queen last month to suspend parliament in September and October, arguing it would allow him to set out an “exciting” new domestic agenda in a Queen’s speech.
However, the move was interpreted by critics as an attempt to kill off bids in parliament to block a no-deal ahead of the Brexit deadline , sparking ‘Stop The Coup’ protests across the country.
The bill – which could force Johnson to ask the EU for an extension to the Brexit deadline – will be voted on in the Commons on Wednesday.
However, the PM is expected to table a motion for an early general election if it passes, arguing that a move to eliminate no-deal as an option would ruin the UK’s negotiating stance with the EU.