TO gasps and jubilation in a stunned courtroom, an 11-member bench of the United Kingdom’s Supreme Court ruled that Prime Minister Boris Johnson’s prorogation of parliament was unlawful.

The proceedings, which lasted just under 15 minutes, put a dramatic end to the much-debated issue of Mr Johnson’s decision to suspend parliament ahead of the UK’s looming exit from the European Union, but intensified calls for his resignation.

Crowds outside the court premises in Westminster erupted in cheers as the news of the verdict spread.

The ‘Remain’ supporters embraced each other and shared congratulations over what has been dubbed an epic moment in Britain’s constitutional history.

While giving the court’s judgement, the head of the bench, Lady Brenda Hale, said: “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.

“This Court has already concluded that the Prime Minister’s advice to Her Majesty was unlawful, void and of no effect. This means that the Order in Council to which it led was also unlawful, void and of no effect and should be quashed.”

Legislature’s proceedings resume today; pressure mounts on Johnson to resign

Referring to the parliament’s suspension, the court said: “No justification for taking action with such an extreme effect has been put before the court.”

The detailed judgement also said: “We have been told by counsel for the Prime Minister that he ‘will take all necessary steps to comply with the terms of any declaration made by the court’ and we expect him to do so. However, it appears to us that, as Parliament is not prorogued, it is for Parliament to decide what to do next.”

The speaker of the House of Commons, John Bercow, at a press conference soon afterwards announced that parliament would meet on Wednesday (today).

“In the light of that explicit judgement, I have instructed the House authorities to prepare not for the recall — the prorogation was unlawful and is void — to prepare for the resumption of the business of the House of Commons.”

Mr Johnson, who was in New York for the UN General Assembly session when the court delivered its judgement, commented on it, saying: “Obviously this is a verdict we will respect, we will respect the judicial process.”

He told a news channel: “I don’t think that it’s right, but we will go ahead and of course parliament will come back. The important thing is we get on and deliver Brexit on October 31.”

Mr Johnson was flying back to London a few hours earlier than scheduled in order to attend the parliament session.

The verdict comes days after a larger bench of the Supreme Court justices heard arguments on two appeals about prorogation last week. The prime minister in August manoeuvred to give his political opponents less time to block a ‘no-deal Brexit’ before the Oct 31 withdrawal deadline, in a move that outraged his critics. Scotland’s highest civil court found that Mr Johnson’s actions were motivated by the “improper purpose of stymieing parliament”, and he had misled the queen in the sovereign’s exercise of prerogative powers.

The Supreme Court on Monday upheld the judgement of the Court of Session in Edinburgh, which said Mr Johnson had “an improper purpose” when he advised the queen to prorogue parliament. Effectively, the apex court ruling means that the Scottish court ruling — which said Mr Johnson misled the Queen — stands.

Reactions

Outside the court, activist Gina Miller, one of the two appellants in the case, was all smiles as she spoke to the press, while supporters chanted her name in the background. “Today is not a win for any individual or cause. It’s a win for parliamentary sovereignty, the separation of powers and the independence of our British courts,” she said.

“Crucially, today’s ruling confirms that we are a nation governed by the rule of law…. Do not let the government play down the seriousness of the judgement today — a unanimous judgement.”

Welsh First Minister Mark Drakeford tweeted shortly after the judgment and said: “Any normal prime minister would — as a matter of honour — tender their resignation after such a unanimous verdict from the UK’s highest court.

“It is the final straw in a pitiful episode for the country.”

Former prime minister John Major, who was one of the six intervenors who made submissions in the case, said he hoped the ruling would “deter any future prime minister from attempting to shut down parliament”.

Published in Dawn, September 25th, 2019