Huge court case today at The Court of Session in Edinburgh.
*Seventy six* MPs are suing the Prime Minister in an attempt to stop a no-deal Brexit through parliament (Westminster) being suspended.
Regardless of the case outcome there could be big implications. The case will likely take weeks to conclude.
Court rises, returns to-morrow at 10am.
I should also mention there are also court cases in: N. Ireland (that Brexit breaks the Good Friday Agreement), and England & Wales by Gina Miller.
There is also a request to trigger an EU rule of law investigation into Johnson's proroguing of parliament, which would be a lovely irony. A suggestion also that EU could suspend no-deal for Scotland & N. Ireland while investigation progresses. 😃
I'm now seeing reports that the Lord Advocate (Scotland's chief legal officer & govt adviser) wants to intervene in the case. He will be supporting the petitioners (Cherry et al) and will do so without delaying the case. The case is due to resume to-morrow. This is extraordinary, but I have no idea what it means.
Of course, to-morrow is also the day when a Vote of No Confidence may be started in Boris Johnson's govt. Busy day!
[Note to The Court of Session: can you please refrain from hearing important constitutional cases while I am preparing and eating lunch. Thank you.]
Ooh, this is meaty.
Documents provided to the court show PM Johnson was already discussing prorogation of the Westminster parliament on August 15th.
Not only does this mean the UK govt counsel was misleading the court, it also makes out PM Johnson as a liar.
The petitioners case centres on the 1689 Claim of Right: a legally limited constitution, an executive that is justiciable and a monarchy whose powers are limited.
The govt's counsel is arguing it would be odd it the queen were subject (sic) to different legal interpretations in England & Scotland. Aha...
Thought by me: according to reports, the queen agreed to the proroguing of parliament while she was at Balmoral. Therefore by jurisdiction she should be judged according to Scots law.
Court has risen. Judge will consider verdict overnight. Back to-morrow at 10am.
Judge has ruled that the court can not intervene on prerogative power.
The petitioners believe the judge has erred in law. An immediate appeal is being made. This case has not ended. Next stage will be The Court of Appeal and if not successful then the European Court of Justice.
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