The Supreme Court has struck down attempts to undo Boris Johnson’s suspension of Parliament, potentially paving the way for further suspensions, and ensuring that Parliament will not return until 14 October.
The court heard two appeals – from the pro-Remain campaigner Gina Miller against the High Court, the highest court in England and Wales, which ruled that Johnson’s decision was non-justiciable, that is to say outside the scope of the law. The government was appealing the verdict of the Court of Session, the highest court in Scotland, which had concluded that Johnson’s decision was both inside the scope of the law and unlawful, as it was taken under false pretences and to frustrate the will of the elected Parliament.
The ruling means that the government retains its power to use its control over when the legislature sits to avoid parliamentary defeat and scrutiny, and is a significant shift in the relationship between our indirectly-elected executive and our directly-elected legislature.
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