in what opposition parties said was an effort to prevent MPs from stopping a no-deal Brexit on October 31.
On Wednesday, three judges in the Court of Session — including Scotland’s most senior judge — found in favour of a group of more than 75 opposition MPs and Lords who had challenged the move, saying it was a breach of the constitution.
The judges were unanimous in their belief the shutting down of Parliament was “motivated by the improper purpose of stymying Parliament and that it, and what has followed it, is unlawful”
“The court will accordingly make an order declaring that the Prime Minister’s advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect,” the ruling read.
In the summary issued by the court, Lord Philip Brodie called the decision to prorogue Parliament “an egregious case of a clear failure to comply with generally accepted standards of behavior of public authorities”.
“It was to be inferred that the principal reasons for the prorogation were to prevent or impede Parliament holding the executive to account and legislation with regard to Brexit, and to allow the executive to pursue a policy of a no-deal Brexit without further Parliamentary interference.”
Lord Drummond Young added: “The circumstances, particularly the length of the prorogation, showed that the purpose was to prevent such scrutiny.
“The only inference that could be drawn was that the UK Government and the Prime Minister wished to restrict Parliament.”
The decision overturned last week’s ruling that courts did not have the power to interfere with political matters such as the proroguing of Parliament.
But the current suspension of Parliament will not be influenced by the ruling as the court gave no order to cancel it due to a full hearing next Tuesday at the Supreme Court in London.
Scottish National Party MP Joanna Cherry, who headed the legal challenge, called for Parliament to be reconvened immediately.
“We feel utterly vindicated and I would be confident that the UK Supreme Court will uphold this decision,” she said outside the court.
Scottish First Minister Nicola Sturgeon and Labor’s shadow Brexit secretary Sir Keir Stammer also called for MPs to be recalled. The British Government said it would appeal the decision.
“We are disappointed by today’s decision, and will appeal to the UK Supreme Court,” a spokesperson said.
“The UK Government needs to bring forward a strong domestic legislative agenda. Proroguing Parliament is the legal and necessary way of delivering this.”
‘The Prime Minister a criminal?’
The Scottish civil court’s findings came the day after an activist group against a no-deal Brexit projected a mocked-up mugshot of the Prime Minister onto the Palace of Westminster.
Footage shared by activist group Led By Donkeys showed Mr Johnson’s image holding a black sign as words flicked across it, reading: “Parliament makes the law.
“Boris Johnson says he might break
The projection referred to statements made by members of Mr Johnson’s Government, that they intended to “test” a law passed by Parliament that requires the Prime Minister to seek a Brexit deadline extension from the EU, and seeks to prevent the UK from leaving the EU without a deal on October 31.