Scotland's highest court says final decision will be taken by Britain's Supreme Court, which will begin full hearing against the suspension next Tuesday
Demonstrators carry an effigy of Boris Johnson at a protest against his decision to suspend Parliament, in London. File pic/AFP
Prime Minister Boris Johnson's decision to suspend the UK Parliament less than two months before Britain is due to leave the European Union was unlawful, a Scottish court ruled Wednesday, although it didn't order the suspension to be overturned.
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Judges at Scotland's highest court in Edinburgh said UK's Supreme Court must make the final decision. A full hearing there is due to begin on Tuesday. They said the suspension was motivated by the "improper purpose of stymying Parliament".
"The Court will accordingly make an Order declaring that the PM's advice to the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect," the summary judgment notes, with a full judgment to be released on Friday.
A group of about 70 lawmakers is challenging the decision to prorogue, or formally shut down, Parliament for five weeks until October 14 just over two weeks before Britain is due to leave the EU.
A UK government spokesperson said, "We are disappointed by today's decision, and will appeal to the UK Supreme Court." "The ruling will not immediately affect the current suspension, which started on Tuesday, because no order has been given by the court to cancel the suspension."
Lawyer Jolyon Maugham, who is part of the claim, said, "We believe that the effect of the decision is that Parliament is no longer prorogued." "I have never been able to contemplate the possibility that the law could be that our sovereign Parliament might be treated as an inconvenience by the PM," he said.
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