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The Court of Session Appeal Court has agreed with the petitioners. All three judges in the appeal court have stated that the prorogation of the Westminster Parliament is unlawful & unconstitutional.

BOOM!

There is no interdict (temporary stop to the action) as the case was already known to be going (final appeal) to the Supreme Court on Tuesday 17th.

BoJo is not out (yet), but he is reeling, on the canvas, and the referee has started the count.

Congratulations to Joanna Cherry (and others) for another famous victory. First victory was confirmation that Article 50 could be unilaterally revoked. Now, prorogation of parliament is judged to be unlawful.

Fingers crossed that the Supreme Court agrees.

I'm thinking Joanna Cherry QC MP was pleased with to-day's result.

Ach!
This thread was meant to be a continuation of my original post about the Cherry Case at The Court of Session:
mstdn.io/@fitheach/10261005276

In my excitement, I made a new post rather than a reply. 🙄

Unlikely looking heroes (is it the wigs?), but proclaimed as heroes nonetheless.

"Heroes of the people"

A "House of Cards" reference from The Herald for Thursday, September 12

UK's political meltdown -
The house of cards starts to collapse

The Herald and The Scotsman are both Unionist papers, so it is quite extraordinary to see them making such pointed remarks about a UK government.

We are coming to the end of times.

Final front page for to-night, from The National. No surprise to see them having a go at the Tories, but it isnt really any different from the Herald and Scotsman.

Nice picture of Joanna, too.

NOW TORIES MUST RECALL PARLIAMENT

The action (sic) has now moved to the Supreme Court, for the final appeal (in the UK, anyway). As well as the Scottish case the N. Ireland and England & Wales cases are being considered at the same time.

A crowd has gathered outside the court.

Just back home (late , to-day).

The QCs for the petitioners (ones taking the action against Johnson's government) are going to town on the lack of a witness statement (affidavit). I just knew this would come back to haunt Johnson's government, after the Court of Session action. Regardless what else happens this will be crucial.

@fitheach

🤔
Yup.

Her facial expression also seems to express some happiness.

@fitheach
You'll not have been the only excited person after hearing that news.
It put a smile on my face.

@wizardofosmium
I'm not sure it will change much, about the Brexit situation, but it is an extraordinary development that the UK government has acted unlawfully.

TBH I've always been unhappy about the position of the Supreme Court, bu that is a fight for another day.

@fitheach

It's the wigs. Definitely the wigs.

OK, the red silk robes *and* the wigs.

@ParadeGrotesque
I wonder if the wigs are still powdered.

Do judges wear wigs anywhere else in the world? Perhaps in some Commonwealth countries.

@fitheach

Mostly Commonwealth countries, yes.

I remember seeing the Ghana Supreme Court once (at least i think it was Ghana), and the wigs were... Let's say surprising.

Also funny: a lot of courts in Germany require their judges to wear funny little hats.

Here is a good comparison: jjmccullough.com/judges.htm

@ParadeGrotesque @fitheach We visited the UK Supreme Court - mostly because there’s a cafe and restrooms in the basement. But the court was a big surprise and amazingly open - tourists can wander around the building unattended and even walk into ongoing sessions. Our kid got to sit in the main judge’s chair and the guards had a good laugh about it. 😊

@tsturm
Well, let's hope your kid doesn't make a habit of visiting courts when he is older (unless he becomes a lawyer 😉 ).

@ParadeGrotesque

@ParadeGrotesque
Lovin' the hats in Haiti.

I think I've discovered a new hobby: image searches for court costumes. 😃

@fitheach Lord Brodie looks like someone you don’t want to cross.

@fitheach I told him at that moment that he is the most powerful person in the UK as long as he sits there. Apparently that will be true now in another week.

@zladuric
The 17th?
The final appeal* is heard at the Supreme Court.

* I say the final appeal because I am assuming the Boris Johnson government wouldn't appeal to the European Court of Justice. 😃

@fitheach yes, I've meant the 17th and the appeal. Say that the court still finds the move illegal. What then?

@zladuric
That'll be most interesting. BoJo will then have been in breach of the Court of Session Appeal decision, which may be impeachable. If so, then he couldn't be PM or MP and possibly go to prison. Cool, eh?

Regardless, if the Supreme Court also find that it was unlawful, then parliament must be reconvened. May not stop Brexit, but the government will look really stupid.

[Other legal opinions are available. 😃 ]

Well at least something should come out of it. Otherwise the message is that they (the governments) can just do whatever they please.

@fitheach but they have booke their add Holidays already

@yukiame
I'm hoping some of them might be spending their leisure time "at her Majesty's pleasure".

@fitheach yap she has a pleasure room in the basement of Buckingham palace

@yukiame
I was thinking more Tower of London or Wormwood Scrubs.

@fitheach Too much buffering over here in NA I'm afraid.

@gemlog
I guess the SC didn't foresee the need for geographically dispersed CDNs. :blobsad:

@vfrmedia @gemlog
Funny! I don't think I've ever seen the video before now.

A bottle of Talisker; a good choice. 😃

@fitheach I'm really not into politics, but all this stuff going on has been so crazy I can't help but grab the popcorn

@mhamzahkhan
Yeah, UK politics has turned into a soap opera. We even have cartoon-style baddies, like Boris Johnson. From an entertainment standpoint, what's not to like?

@fitheach Interesting. I would have thought it was a matter of royal prerogative, between the sovereign and her first minister, and not subject to judicial review. I recall that that was the ruling for a similar case here in Canada ten years ago or so, when the PM was granted an early general election, notwithstanding a fixed election date law that he himself had brought in.

But of course the constitutional law of the Canada branched off from that of the UK long ago.

#canpol #ukpol

@mpjgregoire
That was kind of the government's argument, too. However, in Scotland the Claim of Right is still in force. In particular, CoR strengthens parliament at the expense of the royal prerogative.

Also, I can't help thinking the UK gov failing to provide an affidavit may have had an effect.

The attached photo shows the crucial part of the judgement.

@fitheach Thanks for the documents.

I don't think those paragraphs hold up very well. Yes, the prorogation was intended to restrict Parliament's ability to interfere with the government's plans for #Brexit, but events have proven that Parliament did in fact retain sufficient power to scrutinise and even to bind. If the prorogation had started a week earlier and lasted until the start of November, then this finding would be more plausible.

#ukpol

@mpjgregoire
The court has effectively determined that the prorogation was a tactic to frustrate parliament. Whether parliament were able to make good use of the time (if not prorogued) is a different matter.

@fitheach Wow! O.o. Was not expecting this.

Things are moving too quickly to keep up, ha. Thanks for reporting!

@Shufei
Yup, it's a never ending soap opera, but everyone in the UK is living in it. 😃

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