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Scottish court rules Boris Johnson's parliament suspension unlawful

12 September 2019

Nonetheless the ruling will be seen as a setback for Mr. Johnson who has been battling Parliament over his plan to pull Britain out of the European Union on October 31, with or without a withdrawal agreement.

The document's release was the day's second setback for Johnson and followed the surprise judgment by Scotland's highest civil court, which found that the government's action suspending lawmakers was illegal "because it had the goal of stymieing Parliament".

"The only inference that could be drawn was that the UK Government and the Prime Minister wished to restrict Parliament", the summary said one judge, Lord James Drummond Young, had concluded.

Lawmakers were sent home this week despite the objections of House of Commons Speaker John Bercow and opposition lawmakers, who held up signs in the chamber saying "Silenced".

A high court in Scotland ruled the proroguing of parliament on Monday had been unlawful as the government's sole reason for the suspension appeared to be stopping parliament from scrutinising the government's Brexit plans.

Labour's shadow Brexit secretary Keir Starmer said: "This is really important".

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Johnson's Conservative Party argues that Labour wants to ignore the outcome of the 2016 referendum and the public's view that Brexit should be delivered.

The Government said it was "disappointed" by the decision by the Scottish judges and would be appealing to the UK's Supreme Court.

He said if that turned out to be true, the prime minister would have to "resign - and very swiftly".

It is now unclear what impact the judgement will have on the current five week suspension of Parliament, a process known as proroguing, which started in the early hours of Tuesday.

The appeal judgement ostensibly reverses an initial finding in the same case at Edinburgh's Court of Session last Wednesday. Ardent anti-Brexit campaigner Gina Miller was unsuccessful in her attempt to overturn the prorogation of Parliament in an English court last week, but was granted permission to appeal to the UK Supreme Court on September 17.

It noted that a separate case brought at the high court in London last week against prorogation had failed. "Though of course will add to pressure". He said the government should immediately recall Parliament. It also says a no-deal exit could trigger major protests and even riots. Britons voted 52% to 48% three years ago in favour of Brexit.

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The 2016 Brexit referendum showed a United Kingdom divided about much more than the European Union, and has given rise to soul-searching about everything from secession and immigration to capitalism, empire and modern Britishness.

Nigel Farage, leader of the Brexit Party which could take votes away from both main parties, offered Johnson an election pact on Wednesday but said that unless there was a clean break with the European Union, the Conservatives would take a "real kicking" in any election and could not win a majority.

But EU officials say the United Kingdom has made no concrete new proposals.

But Johnson's office said "the PM will not be doing a deal with Nigel Farage".

German Chancellor Angela Merkel said Wednesday that "it's my firm conviction that we still have a chance to achieve this in an orderly way".

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Scottish court rules Boris Johnson's parliament suspension unlawful