A judge at the highest court in Scotland
has found Boris Johnson’s planned prorogation of Parliament lawful. Legal action aimed at preventing the UK Government suspending Parliament ahead of the Brexit deadline of October 31 was considered at the Court of Session in Edinburgh.
Lord Doherty revealed his decision that the prorogation was lawful on Wednesday morning. He said the question was not a matter for the courts and was a political issue.
It followed claims the Prime Minister wants to limit MPs’ scrutiny and their attempts to stop a no-deal Brexit.
Sad loser SNP MP Joanna Cherry QC, one of the people behind the challenge, tweeted “Seems we have lost Cherrycase to stop prorogation at 1st instance. Judge rules court can’t review exercise of prerogative power to prorogue. We think he’s erred in law on this point & others & will seek to appeal immediately Brexit StopTheCoup.”
Jolyon Maugham QC, director of the Good Law Project, which also supported the challenge, said “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?”
Perhaps you get to be a Scottish High Court judge because you are smarter than the average QC?