UK Supreme Court Rules Prorogation was Unlawful

So this is just breaking, Boris Johnson and his government acted unlawfully in the prorogation of government. Boris lied not only to the people, but to parliament and to the Queen. This is constitutionally huge for the UK and now means that the act to prorogue was never lawful in the first place and therefore Parliament can and some might say should sit tomorrow.

This will be devastating for the government.

Could force Boris out, but time will tell.

Interesting times ahead I will post more as more information becomes clear.

Sky News

The Courts view is that Parliament has not been prorogue and that in effect its now up to the speaker to decide what to do next and that they can now take imitate action to call parliament to reconvene. This is a unanimous decision that could see parliament sitting later today.

This is huge!

a reply to: OtherSideOfTheCoin

Finally the remainers get their own way, their efforts have paid of and Brexit will now likely be cancelled.

Dear remainers: I wouldn’t shout too loudly that you voted to remain in the local pub or in the street when this all goes tits up, you might be in for a very very nasty surprise. This is not going to end well.

I bet your are dancing whilst eating your cornflakes this morning OSOTC

You literally made this same thread on the 11th.......

How does one forget that????

a reply to: JPtruther

Its not a Brexit issue, take the "B" word out of it, the highest court in the land has ruled this was unlawful because it was basically done to prevent parliamentary scrutiny of government.

Boris done this to stop the people of the UK holding parliament to account through the sovereign parliament of the UK.

Boris lied not only to you, but to parliament, to the rest of the people, the courts and the Queen.

Regardless of the Brexit issue, he was acting unlawfully and thats all that really matters.

a reply to: OtherSideOfTheCoin

The EU leaning establishment win again , a government attempting to act on the democratic will of the people to bring the stalemate to an end has been scuttled by the anti-democratic remoaners , the stalemate is set to continue.

Sad day for British democracy and Parliament.

originally posted by: ManBehindTheMask
You literally made this same thread on the 11th.......

How does one forget that????

No I didn't on the 11th it was the inner court of Scottish sessions that ruled that parliament acted unlawfully.

This along with another ruling by the English High Court was being appealed at the Supreme Court, the highest court in the land.

This is a separate and final ruling on the matter that Boris acted unlawfully.

This is not the same thread, this is much, much bigger but I can appreciate that if you do not have any understanding of the UK legal system that you might have that misconception.

originally posted by: gortex
a reply to: OtherSideOfTheCoin

The EU leaning establishment win again , a government attempting to act on the democratic will of the people to bring the stalemate to an end has been scuttled by the anti-democratic remoaners , the stalemate is set to continue.

Sad day for British democracy and Parliament.

Am sorry dude but how can you say this is a sad day for British democracy.

Boris and his government effectively cancelled our democracy for 5 weeks and the courts have stepped in to stop this.

Take the B word out and its a good day for democracy but I guess sad in a sense that it should never have came to this.

Honestly I do think that for the Brexiteers there has to come a point where you look around and ask yourself if actually, the hard no-deal Brexit thats being sold by the government against the will of parliament might not be all its cracked up to be.

originally posted by: OtherSideOfTheCoin

originally posted by: gortex
a reply to: OtherSideOfTheCoin

The EU leaning establishment win again , a government attempting to act on the democratic will of the people to bring the stalemate to an end has been scuttled by the anti-democratic remoaners , the stalemate is set to continue.

Sad day for British democracy and Parliament.

Am sorry dude but how can you say this is a sad day for British democracy.

Boris and his government effectively cancelled our democracy for 5 weeks and the courts have stepped in to stop this.

Take the B word out and its a good day for democracy but I guess sad in a sense that it should never have came to this.

Honestly I do think that for the Brexiteers there has to come a point where you look around and ask yourself if actually, the hard no-deal Brexit thats being sold by the government against the will of parliament might not be all its cracked up to be.

Oh give it a rest!!! Cancelled our democracy? You really irritate me beyond belief OSOTC.

MPS WERE NOT ACTING DEMOCRATICALLY ON OUR BEHALF TRYING TO POSTPONE AND CANCEL BREXIT WHEN WE VOTED FOR IT. ALLOWING THEM TO ‘SCRUTINISE’ IT JUST ALLOWED THEM TO CONTINUE TO FRUSTRATE THE DECISION.

Clear enough for you ^

a reply to: JPtruther

Oh give it a rest!!! Cancelled our democracy? You really irritate me beyond belief OSOTC.

.....well the courts disagree.

In the courts view this was done to prevent the government being held to account by parliament and by extension then the people.

Boris acted unlawfully.

Looks like he is about to become the shortest PM in modern history

Can I just make one obsevration on the "democracy" issue.
This is not really a fight for or against democracy, though both sides of the fence are making that claim.
What we've actually got here is a clash between two forms of expresssion of democracy, viz. by an elected legislature and by a referendum. There is a third form, of expression, a fresh General Election, which could have given a casting vote, but at least one side of the fence doesn't want that to happen.
Until this is all sorted out (and a resolution at the end of October offers the only real hope of sorting things out in the near future), "democracy in danger" language is only confusing.

a reply to: OtherSideOfTheCoin

Yes, this is huge.

It actually brought some tears to my eyes - the British are very dear to me, and seeing their struggle with this has had some ill effects on me. It is good to see that the Judges were unanimous, no doubt: prorogation was illegal.

Now, let's see if we can stop more of the madness and give the nations another chance to revoke article 50.

a reply to: DISRAELI

A interesting a balanced observation.

I think you are right the clash between direct and parliamentary democracy is the problem with all of this and yeah, a general election could help.

But right now we need to see what happens next.

Apparently the Speaker has already been calling the party leaders for meetings today, presumably about reconvening parliament.

Will be interesting to see how the technicalities of this work. This means that parliament is not and never was prorogued so I wonder what impact that will have on the workings of parliament, this has never happened before so will be interesting to see how they deal with this. I suspect Bercow is in for a busy last few weeks as Speaker.

a reply to: JPtruther

I wouldn’t shout too loudly that you voted to remain in the local pub or in the street when this all goes tits up, you might be in for a very very nasty surprise. This is not going to end well.

Sounds like a threat of violence to me?. I'm quite partial to a wee bit of violence now and then myself. Bring it on.

a reply to: OtherSideOfTheCoin

The majority of the British people voted out of the EU and you think it’s all about Boris
Democracy in Britain is dead, Britain is not run by the people but oligarchs

Your country is rooted and your parliament is a joke to the rest of the world, washed up.
You are being bent over the barrel by the EU and you are grinning.

Boris being the shortest term prime minister is the least of your worries
Britain is a political joke, dictated at by the few and the EU

Worlds shopkeepers

a reply to: Raggedyman

yeah need to realise though that this isn't so much about Brexit.

Its the principle here, Boris tried to basically shut up parliament, he was in effect cancelling democracy for 5 weeks because it would be easier for the government not to face parliamentary (public) scrutiny.

I think its really important to look at this without the "B" word because its about much more than that.

a reply to: JPtruther

YES, THE DECISION WILL BE SCRUTINISED BY PARLIAMENT.

That, by the way, does not mean that Brexit is revoked, merely that the unlawful act of prorogation is revoked and mr Johnson, a tory, despite having lied to the Queen, will not be decapitated, but probably WILL have to stand down.

Clear enough for you?

For all you hardcore Brexiteers chucking your toys out of your pram over this even Nigel Farage has said that....

The calling of a Queen's Speech and prorogation is the worst political decision ever. Dominic Cummings must go.

Twitter

Get your heads out of the sand.

Prorogation was wrong, it was unlawful and thankfully today the government has been exposed and the courts have acted.

originally posted by: OtherSideOfTheCoin
Will be interesting to see how the technicalities of this work. This means that parliament is not and never was prorogued

I don't think that follows logically. A thing which has been done unlawfully has still been done. A house which is unlawfully occupied is still occupied, a man who has been unlawfully killed is still dead. So the legal consequence would be that the unlawful action would be corrected by some other action (in the first example) or punished (in the second).
I'm not sure the procedural act of prorogation can be "undone" directly. In my mind, the correct parliamentary procedure would be an "emergency recall", which has often been used historically to bring Parliament back to meet crisis situations.

If only there was a higher court Boris could run too. What's the European courts of justice up to these days?

a reply to: DISRAELI

Yeah am kind of thinking along the same lines

I wonder if the easiest way to do it from a procedural point of view is to act like it never happened or treat it as a recess.

Guess we will find out soon enough