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UK top court rules suspension of Parliament illegal

By Angus Mcneice in London | China Daily | Updated: 2019-09-25 07:41

The United Kingdom Supreme Court has ruled that British 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.

It revolved around whether Johnson acted lawfully when he advised the queen to suspend Parliament for five weeks during a crucial time frame before the Oct. 31 Brexit deadline when Britain is scheduled to leave the European Union.

UK top court rules suspension of Parliament illegal

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 Brenda 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."

'Convene without delay"

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 judgment.

Corbyn told his party conference that the decision shows Johnson's "contempt" for democracy and rule of law. He said Johnson should resign "and become the shortest-serving prime minister there's ever been".

"I invite Boris Johnson, in the historic words, to consider his position," Corbyn told the party faithful in the southern city of Brighton.

In this nation without a written constitution, the case marked a rare confrontation between the prime minister, the courts and Parliament over their rights and responsibilities.

Johnson has refused to say whether he will resign or will seek to shut down Parliament again.

The decision followed three days of hearings last week.

AP contributed to this story.

angus@mail.chinadailyuk.com

(China Daily 09/25/2019 page12)

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