The court of session in Edinburgh has rejected an attempt to prevent Boris Johnson’s prorogation of the House of Commons.
Lord Doherty, the judge who heard the case, said the decision could not be measured against legal standards as it was matter of high policy and political judgment, and was therefore for politicians to settle.
Scottish Council of Law Reporting
(@SessionCases)Here is a note of Lord Doherty’s reasons given for refusing the prorogation challenge in Cherry v Advocate General for Scotland. pic.twitter.com/Fk6s5wQ1v2
“In my opinion, there has been no contravention of the rule of law. Parliament is the master of its own proceedings. It is for parliament to decide when it sits. Parliament can sit before and after prorogation,” he said.
He told the court it was for parliament, and ultimately the electorate, to hold the government accountable for such political decisions.
The case was initiated by the campaigning barrister Jolyon Maugham QC alongside a cross-party group of 75 MPs and peers, including the SNP’s Joanna Cherry.
Joanna Cherry QC MP
(@joannaccherry)Seems we have lost #Cherrycase to stop #prorogation at 1st instance. Judge rules court can’t review exercise of prerogative power to #prorogue. We thinks he’s erred in law on this point & others & will seek to appeal immediately #Brexit #StopTheCoup
An appeal against the ruling is expected, and similar cases are to be heard in Northern Ireland and England.
After the ruling Maugham tweeted: “The idea that if the PM suspends parliament the court can’t get involved looses some ugly demons. If he can do it for 34 days, why not 34 weeks, or 34 months? Where does this political power end?
“It’s not the law as I understand it. Yesterday’s hearing was always going to be a bit of a pre-season friendly. We’re now focused on the inner house, hopefully later this week, and then the supreme court on 17 September.”
Maugham told the Guardian that the petitioners would continue with litigation in the courts for as long as they thought it might be effective.
The Labour MP Ian Murray, one of the 75 MPs and peers who took part in the action, also confirmed there would be an appeal against the ruling.
“But the main battle is currently in parliament, where the prime minister has lost his majority and does not have the support of the house for his dangerous plan to impose a no-deal Brexit on the country.
“We have wrested control of parliamentary business and will attempt to pass a law that makes a no-deal Brexit illegal. We will also fight to secure a final say for the people of the UK on Brexit and we must campaign to remain in the EU,” he said.
Doherty awarded legal costs to the government for Wednesday’s hearing and the temporary interdict hearing last week, but refused a request for full costs.
