Boris Johnson's prorogation of UK parliament deemed unlawful by Supreme Court

Boris Johnson's prorogation of UK parliament deemed unlawful by Supreme Court

The Supreme Court has ruled that British Prime Minister Boris Johnson’s advice to the Queen to suspend the UK Parliament for five weeks was unlawful.

The decision was unanimously made by the 11-judge Supreme Court after Mr Johnson suspended parliament for five weeks ahead of the October 31 Brexit deadline

Judge Brenda Hale, president of the Supreme Court of the United Kingdom said Mr Johnson acted unlawfully.

“The court is bound to conclude therefore that the decision to advise Her Majesty to prorogue was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions,” she said.

The first matter was whether the case could even be heard which the court ruled it was - overturning a decision by the English High Court and it determined that it could rule on whether the suspension was lawful.

Protesters shelter from the rain outside the Supreme Court in London. Picture: Kirsty O'Connor/PA Wire
Protesters shelter from the rain outside the Supreme Court in London. Picture: Kirsty O'Connor/PA Wire

Judge Hale announced that the court’s judgment was the unanimous judgment of all 11 justices.

She added that the court found the issue was “justiciable” – capable of challenge in the courts.

Meanwhile, House of Commons Speaker John Bercow said the House must “convene without delay” and that he would be consulting party leaders “as a matter of urgency”.

In a statement, Speaker John Bercow said: “I welcome the Supreme Court’s judgement that the prorogation of Parliament was unlawful.

Watch some of the political reaction to the decision

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