Boris Johnson today suffered a crushing defeat in the Supreme Court as Britain’s top judges ruled that the suspension of Parliament was “unlawful” and must be cancelled.
The historic ruling – unanimously by all 11 judges – plunged his premiership into its deepest crisis so far as Britain faces a possible crash-out from the EU in just six weeks’ time.
The Prime Minister had sought to shutter Parliament until just two weeks before the planned EU exit date of October 31 and faced a barrage of criticism that he was trying stifle debate ahead of a no-deal Brexit.
He was accused of sparking a constitutional crisis by asking the Queen for the five-week prorogation, and had to fend off claims that he lied to Her Majesty about his true reasons for the move.
In a bombshell Supreme Court ruling, the eleven judges found that Mr Johnson’s actions were unlawful and had been done to block MPs from having a say, ordering that Parliament can be recalled immediately.
Delivering the damning ruling, Supreme Court president Lady Hale said: “This was not a normal prorogation of in the run-up to a Queen’s speech. It prevented Parliament from carrying out its constitutional role for five out of the possible eight weeks between the end of the summer recess and exit day on October 31.”
She said MPs and Lords had been blocked from quizzing ministers, taking evidence in committees and passing laws, and said the suspension of Parliament “took place in quite exceptional circumstances – the fundamental change which was due to take place in the Constitution of the United Kingdom on 31st October.
“Parliament, and in particular the House of Commons as the elected representatives of the people, has a right to a voice in how that change comes about. The effect upon the fundamentals of our democracy was extreme.”
Lady Hale said no justification for the exceptional step had been offered by the government, saying: “The court is bound to conclude, therefore, 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.”
Lady Hale said the proroguing of Parliament on September 9 was “void”, and the speakers of the two Houses would decide what to do next rather than Mr Johnson.
MPs are now set to return to the Commons within days where ministers will be fiercely grilled over the prorogation, the landmark court case and the state of Brexit negotiations.
Mr Johnson has pledged “do or die” that Brexit will happen by October 31, with or without a deal.
However, MPs passed a bill earlier this month to block him from going ahead with a potentially catastrophic no-deal exit.
So Britain could be gripped by another historic legal battle within weeks if the Prime Minister seeks to get around the new law and the will of Parliament.
Speaker John Bercow has also made clear that he will fight to stop the Government disregarding Parliament.
Today’s ruling is a remarkable victory for a coalition of campaigners, including activist Gina Miller, SNP MP Joanna Cherry, former Prime Minister Sir John Major, and legal teams representing the governments in Scotland, Wales, and Northern Ireland.
They reached the Supreme Court after separate legal battles in the High Courts of England and Scotland.
Mr Johnson won at the High Court in London, when the Lord Chief Justice Lord Burnett and two other judges ruled that prorogation was a political decision and not a matter for the courts.
However, the Inner House of the Court of Session found the opposite, that Mr Johnson’s actions had been unlawful because it was “motivated by the improper purpose of stymieing Parliament” during the Brexit crisis.
-skynews