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Two decision makers can look at exactly the same evidence and reach differing outcomes.

It may be that they have reached a different conclusion based on the evidence; the evidence may have been misinterpreted; there may have been a fundamental error in the law.

In all three instances, there is no need to change the law.
"If a judge finds something unlawful when it is not, is it not time they retired ?"

If judges had to step down every time a decision were changed on appeal, there would need to be hundreds, if not thousands, of judges waiting in the wings.
Exercising powers cynically, if they interfere with democracy and the rule of law as it's usually understood in the constitution of the UK, *is* unlawful -- or at least, is potentially unlawful.

As to "fighting fire with fire", I've never understood why that's recommended over the usually more successful technique of using water. But anyway.

We'll see what the Supreme Court says. It may come to a different decision, it may come to the same one, but in either case it is right and proper that they rule on such an exercise of power. Even if you support it this time, if future Prime Ministers can use prorogation as a cover for frustrating the ability of Parliament to put them under scrutiny, then it's a dangerous precedent and one that deserves thoroughly testing in court.
"I'm not aware that there *was* a prorogation in 1945 -- source please?"

Prorogation usually occurs *every* year, however there has not been one for 28 months (27th Apr - 2nd May 2017)

The prorogation in 1945 was 15th June - 3rd July.

https://hansard.parliament.uk/commons/1945-06-15/debates/14b06f55-9e47-4651-9238-0ba2bb694e34/Prorogation
Sorry, I suppose what I meant was that I wasn't aware that there was a particularly controversial prorogation.
"Fire with fire" is a false metaphor. What we're trying to agree is the rules by which we play the game.

We're not trying to quench a fire, only that two sides sccept and abide by the same rules.

I dare say Jim gets that.
The phrase "fight fire with fire" is said to come from the practice of setting controlled fires so that an advancing fire (as in budlshfires) runs out of flammable material.
seeing as the scots voted remain,i would question the judges motives in allowing this
'The most recent ruling of the Scottish courts and the phalanx of the judiciary generally, can easily be popped into the same category of “the establishment at work”, albeit the judges are probably the least bad offenders. Nonetheless, an intervention in relation to the executive authority of a PM is a most egregious interference in politics and our constitutional arrangements, such as to render, if taken too far, the country as ungovernable. But that is what many in the establishment want, they want instead to be governed by a technocratic foreign power.'

John Longworth, The Telegraph
If ever you needed proof, and up until today it was easily argued to be untrue, that the judiciary is now corrupt and biased you have it. Compare this ruling in favour for the litigants by 3 Scottish remain judges, and the speed with which it was expedited, with the ruling against Tilbrook and his legal challenge and the length of time that it was spun out by a remain supporting judge. Now you all know why when Stalin, Mao Tse Tung, and Hitler came to power they executed the judges and most of the existing judiciaries.
I'm not sure that Hitler etc set very good precedents to be honest.
I thought that you would have been in favour of at least two of them Jim.
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I have to admit that my first thoughts were “hmm, 3 Scottish judges find it unlawful. Is it a coincidence that Scotland wants to remain?”

Mrs. May was a failure because she was weak and grovelly to the EU. It now looks like Mr. Johnson, despite all his “come what may/do or die” rhetoric, will fail too.
Is it all over? It looks that way to me. I do hope I’m wrong.
“Democracy” wasn’t the most commonly used word until recently. Now it’s used constantly. I think it needs a new definition, because if all the remainers can claim that they are democratic, yet those that want to uphold the referendum result are not, then that’s not democracy to me.
What will be the basis for the govts appeal? I thought there had to be a point of law to form the basis for it. An appeal can't be lodged just because someone disagrees with the verdict.
It's not unusual for higher courts to overturn the decisions of lower courts. I'm surprised in this case that it has been, though.

I'm not, Scottish court = political judgement.
//What will be the basis for the govts appeal?//

Does the Government need to appeal? Does the Government sit in Scotland? Does a Scottish "civil" court now decide what is constitutional in not only English law, but U.K. law? They can stay at hame and think again.
Did you know that Dummond Young one of the "judges" at the hearing was the same judge that reduced the sentence of the murder of the child Alesha MacPhail? Two bad calls in a week then.
I'm sorry that you have such a low opinion of me, Togo, but you're utterly wrong to suggest that I have even an iota of sympathy for any of the odious dictators you mentioned.
Also, it's a Scottish Court ruling on a UK-wide matter. Last time I checked, Scotland is part of the UK. Of course they have jurisdiction. And of course it's not political.

In case you weren't paying attention, the lower division of the Scottish Court ruled in favour of the government last week. I don't think people were complaining about the independence of the judge *that* time.

The case in the Court of Session was brought only because the English High Court was not sitting at the time.

If, as claimed, Judges in Scotland are so corrupt, why did it have to go to appeal? Why was it not won in the lower court?

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