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 Proroguing Parliament Unlawful
Topic Originator: londonparsfan  
Date:   Wed 11 Sep 10:29

https://www.theguardian.com/politics/2019/sep/11/scottish-judges-rule-boris-johnsons-prorogation-unlawful

After being gubbed repeatedly in Parliament BoJo is losing in the courts now. Interesting to see how the Brit Nats respond to a diddy country in the Union telling them what to do. They might reclaim their sovereignty by kicking us out 😉
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 Re: Proroguing Parliament Unlawful
Topic Originator: Tenruh  
Date:   Wed 11 Sep 11:30

And I thought the next 5 weeks would be boring. Well done Joanna Cherry
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 Re: Proroguing Parliament Unlawful
Topic Originator: londonparsfan  
Date:   Wed 11 Sep 12:06

Interesting to see how the appeals go anyway!
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 Re: Proroguing Parliament Unlawful
Topic Originator: AdamAntsParsStripe  
Date:   Wed 11 Sep 12:44

The UK government didn't ask the court to suspend the ruling before the appeal next week in London so surely Parliament is now unprorogued?

Zwei Pints Bier und ein Päckchen Chips bitte
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 Re: Proroguing Parliament Unlawful
Topic Originator: Andrew283  
Date:   Wed 11 Sep 13:24

Never a dull day, is there? Brilliant stuff
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 Re: Proroguing Parliament Unlawful
Topic Originator: wee eck  
Date:   Wed 11 Sep 13:34

BoJo's losing record is worse than ours!
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 Re: Proroguing Parliament Unlawful
Topic Originator: londonparsfan  
Date:   Wed 11 Sep 15:15

Quote:

AdamAntsParsStripe, Wed 11 Sep 12:44

The UK government didn't ask the court to suspend the ruling before the appeal next week in London so surely Parliament is now unprorogued?


I've not had a chance to read up on that aspect yet but it seems that would be the case.
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 Re: Proroguing Parliament Unlawful
Topic Originator: wee eck  
Date:   Wed 11 Sep 16:08

Only the government can recall parliament apparently and they are waiting to hear the outcome of the appeal at the Supreme Court.
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 Re: Proroguing Parliament Unlawful
Topic Originator: Captain Desmond Fancey  
Date:   Wed 11 Sep 16:39

Eck's understanding is correct. Government have already said that they will not be recalling before the appeal is heard next week. From reading on Twitter (yes, I know) they are roundly expected to win there.

Will be one hell of a sh*tstorm if they lose that.

In the meantime just watching the attention seeking MPs in the chamber today taking selfies of themselves. Absolute cringe fest.
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 Re: Proroguing Parliament Unlawful
Topic Originator: londonparsfan  
Date:   Wed 11 Sep 16:49

Thanks guys!
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 Re: Proroguing Parliament Unlawful
Topic Originator: parbucks  
Date:   Wed 11 Sep 19:29

If that is the correct position then maybe the Beeb should apologise for the interview with Ms Cherry wetting herself earlier today after the announcement and declaring Parliament should be recalled, in her opinion.
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 Re: Proroguing Parliament Unlawful
Topic Originator: wee eck  
Date:   Wed 11 Sep 20:08

Her opinion is that parliament should be recalled, the government's opinion is that they should wait until the Supreme Court rules. What's the big deal?
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 Re: Proroguing Parliament Unlawful
Topic Originator: moviescot  
Date:   Wed 11 Sep 20:16

Quote:

wee eck, Wed 11 Sep 20:08

Her opinion is that parliament should be recalled, the government's opinion is that they should wait until the Supreme Court rules. What's the big deal?


One is SNP the other is not. That's the deal.
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 Re: Proroguing Parliament Unlawful
Topic Originator: donj  
Date:   Wed 11 Sep 20:24

I think the big deal is they lost a case in an 'EQUAL' partners high court but they ignore it.
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 Re: Proroguing Parliament Unlawful
Topic Originator: wee eck  
Date:   Wed 11 Sep 21:02

The Court of Session is actually of higher standing than the English High Court because it is Scotland's Court of Appeal but the UK Supreme Court trumps them both.
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 Re: Proroguing Parliament Unlawful
Topic Originator: moviescot  
Date:   Wed 11 Sep 22:02

Quote:

wee eck, Wed 11 Sep 21:02

The Court of Session is actually of higher standing than the English High Court because it is Scotland's Court of Appeal but the UK Supreme Court trumps them both.


The UK supreme court has to look at the Scottish case under Scots law which could be interesting.
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 Re: Proroguing Parliament Unlawful
Topic Originator: wee eck  
Date:   Wed 11 Sep 22:24

Lord Hope, a former judge in the Supreme Court, said tonight that they can only issue one judgement which will apply throughout the UK. I couldn't understand how they can do that when one case was heard under English Law and the other under Scots law.
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 Re: Proroguing Parliament Unlawful
Topic Originator: parbucks  
Date:   Wed 11 Sep 22:35

Inevitably the Beeb finds someone to support its anti government position, Lord Sumption.
The same guy who in 2001 who was not only earning £1.6m but only retired as a Supreme Court Judge in 2018.

He also acted for Abramovich against Berezovsky in a multi million pound case.
Sumption postponed joining the Supreme Court until the case was finalised.
Berezovsky subsequently committed suicide.
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 Re: Proroguing Parliament Unlawful
Topic Originator: wee eck  
Date:   Wed 11 Sep 23:13

I'm sure I read somewhere that Lord Sumption thought the Supreme Court would overturn the Court of Session ruling. Paranoia strikes deep.
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 Re: Proroguing Parliament Unlawful
Topic Originator: parbucks  
Date:   Thu 12 Sep 15:11

So no comments on the decision today in Northern Ireland throwing out the case on the basis it is not the judiciary’s business to interfere in politics.
That’s similar to the decision in England and the earlier decision in Scotland.

The game ain’t over.......
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 Re: Proroguing Parliament Unlawful
Topic Originator: londonparsfan  
Date:   Thu 12 Sep 15:19

I hadn't seen the judgement but it looks like the cases in NI were very different to the Scottish and English ones:

"The judge did not deal directly with prorogation since he said it had been been the “centrepiece” of the English and Scottish cases.

The Belfast hearing, involving three cases, turned on different legal issues to those heard in London and Edinburgh."

https://www.theguardian.com/politics/2019/sep/12/northern-irish-court-dismisses-case-against-no-deal-brexit

They didn't look at the decision to prorogue Parliament.
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 Re: Proroguing Parliament Unlawful
Topic Originator: Wotsit  
Date:   Thu 12 Sep 16:36

The Scottish case was won because nobody from the government was prepared to sign a witness statement confirming the government's story.

If such a witness statement were presented to the court then the judges would have accepted the reasons given.

However, for whatever reason, nobody was prepared to sign such a statement. Maybe because it would open them up to a perjury charge, maybe some other reason.

Anyway, with no official statement outlining the reasons the judges were able to interpret what they thought the government's motives were.

Apparently there is also a Victorian jurist called AV Dicey whose work has set a lot of precedent on English constitutional law but not in Scots law, so that will have had an influence.


"Who you are and what you feel comes not just from inside you, but from where you are in the power structure"
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 Re: Proroguing Parliament Unlawful
Topic Originator: DBP  
Date:   Fri 13 Sep 17:35

I always laugh as an atheist republican that I'm essentially disenfranchised twice in the first line of the national anthem
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