Suspending Parliament Legal....

[ToraToraTora]

https://news.sky.com/story/live-labour-not-voting-for-an-election-today-says-sir-keir-starmer-11801840
"The power to prorogue is a prerogative power and the prime minister had the vires to advise the sovereign as to its exercise."

[THECORBYLOON]

The decision will be appealed.

[ToraToraTora]

no it won't, there is no grounds to appeal the judge is pretty clear on that.

[jim360]

Not surprised, to be honest. But there are other cases ongoing and plenty of appeal stages to come, so we might not have heard the end of this.

It was suggested that better grounds on which to challenge the decision were not on its legality (since to be honest it's probably legal) but its irrationality*. In the run-up to a major decision on the UK's constitutional future it makes precious little sense for Parliament to take five weeks out -- yes, I know that three weeks were already likely to be set aside for Party Conferences, but Parliament could have voted to cancel that recess.

*See https://en.wikipedia.org/wiki/Associated_Provincial_Picture_Houses_Ltd_v_Wednesbury_Corp , which I literally only just learned about yesterday.

[ToraToraTora]

"It was suggested that better grounds on which to challenge the decision were not on its legality (since to be honest it's probably legal) but its irrationality*" - legal is the question, rational doesn't enter into it for validation.

[THECORBYLOON]

"Seems we have lost #Cherrycase to stop #prorogation at 1st instance. Judge rules court can’t review exercise of prerogative power to #prorogue. We thinks he’s erred in law on this point & others & will seek to appeal immediately #Brexit #StopTheCoup"

[Old_Geezer]

The surprise was the time taken to reach the decision. Judge had to sleep on it.

[jim360]

Except that rationality *is* a possible test for judicial review, as established in the link I provided. Whether a challenge on reasonableness would be successful I don't know, but it would at least be more likely to be successful than the legality test.

[ToraToraTora]

yes, TCL, I mean they can appeal but it's pointless the legal position is quite clear, no amount of appealing alters that.

[THECORBYLOON]

Do you have a link to the Judge's full decision?

[mushroom25]

when/if it gets posted (and if it is, it may take a day or two), you'll find it here.
https://www.scotcourts.gov.uk/search-judgments/court-of-session

[Gromit]

It may not be a good analogy, but owning a gun is legal, but how you use the gun can be legal or illegal.
Proroguing is definitely legal, John Major used it to hold a General Election.
Proroguing and thereby closing Parliamentary business for 5 weeks, just before the most important day in the UK since the end of the war, is clearly irresponsible and undesirable.

[jim360]

Or, perhaps as a more relevant example, if HM the Queen (on advice of her Ministers) decided to prorogue Parliament for the next six months, it would probably be lawful, but it would certainly be unreasonable.

[THECORBYLOON]

MUSH, I looked there before posting my question to TTT and I am wondering what his assertion is based upon.

[anotheoldgit]

I don't know why these remainers are bothered what our Parliament thinks or does, when they want to be ruled by the EU anyway?

[jim360]

Being part of the EU doesn't mean being ruled by it. But you knew that already.

[Gromit]

AOG
If the EU are currently ruling us, why don’t they ban Johnson’s Proroguing, ban No Deal, tell the Queen to butt out, and cancel the Referendum result ?

[dannyk13]

Gromit, are you denying that we are subject to EU law and regulations?

[Togo]

For Corby.

Addressing Edinburgh’s Court of Session on Wednesday, Lord Doherty said any decision to prorogue Parliament was “political territory”.

He said: “In my view, the advice given in relation to the prorogation decision is a matter involving high policy and political judgement.

“This is political territory and decision-making, which cannot be measured by legal standards, but only by political judgements. Accountability for the advice is to Parliament and, ultimately, the electorate, and not to the courts.”

“I do not accept the submission that the prorogation contravenes the rule of law and the claim is justiciable because of that,” he added.

“In my opinion, there has been no contravention of the rule of law. The power to prorogue is a prerogative power and the Prime Minister had the vires to advise the sovereign as to its exercise.”

The group of MPs and peers behind the legal challenge, who are headed by SNP MP Joanna Cherry and Liberal Democrat leader Jo Swinson, have said they will appeal against the ruling.

[Togo]

//Gromit, are you denying that we are subject to EU law and regulations?//

If that is indeed the case Danny............We can just ignore all this bull and wave goodbye. After all we are not subject to EUSSR jurisdiction. :))

[THECORBYLOON]

TOGO, thanks for that but I seen and heard the decision on live streaming.

There would have been an appeal whatever the decision so it was clear that to-day would not be the end of the case.