{UAH} Scottish court hears move to stop UK parliament's suspension

Legal Battle Begins In The Scottish Courts To Halt And Reverse  Boris Johnson's Illegal Attempted Coup And To Return The Recidivist Fascist Thug To The Fold Of The Law.. 

 

In a scathing attack on Boris Johnson, Aidan O'Neill QC, representing the parliamentarians, told judge Lord Doherty:

 "Powers of the executive are never unlimited or unfettered.

"We do not live in a totalitarian state."

He went on to argue that the suspension of parliament meant a denial of "political accountability" and was unconstitutional.

A similar petition is going to be heard in the High Court in London by   the black Guyanese-British businesswoman and  activist Gina Miller.

 

Bobby

Scottish court hears move to stop UK parliament's suspension

• 54 minutes ago
 
• 1506comments

• Share this with Facebook
 
• Share this with Messenger
 
• Share this with Twitter
 
• Share this with Email
 
• Share

Related Topics

• Brexit

Image copyrightGETTY IMAGESImage captionThose bringing the case argue the UK parliament should not have its ability to consider Brexit curtailed

A Scottish court is considering a legal attempt to block the suspension of the UK parliament.

Seventy five parliamentarians are seeking an interim interdict that would halt the move by the government.

They began legal action at the Court of Session in Edinburgh last month to prevent a Westminster shutdown.

They are now seeking the Scottish legal equivalent of an injunction to stop parliament being suspended, pending a full hearing on 6 September.

The Queen has already agreed to the prime minister's request to suspend parliament for five weeks on 10 September.

• Follow live tweets from the Court of Session hearing

Boris Johnson has said the Queen's Speech would then take place on 14 October, to outline his "very exciting agenda" of new legislation.

Critics, however, say that makes it unlikely MPs would have enough time to pass laws to stop a no-deal Brexit happening on 31 October.

'Totalitarian state'

Aidan O'Neill QC, representing the parliamentarians, told judge Lord Doherty: "Powers of the executive are never unlimited or unfettered.

"We do not live in a totalitarian state."

He went on to argue that the suspension of parliament meant a denial of "political accountability" and was unconstitutional.

He argued that a previous case, involving Telegraph owners the Barclay brothers, saw them successfully challenge the validity of Privy Council advice to the Queen.

Mr O'Neill cited a separate case where, he said, it showed there was an "obligation on the sovereign to recall an order of prorogation" if the court was satisfied there had been an "abuse of power".

Image copyrightPA MEDIAImage captionJoanna Cherry is one of those backing the challenge

He said an action raised in the Scottish courts was as valid as one raised in any other UK court, giving the example of a Brexit-related court challenge in Northern Ireland.

After the QC quoted the Claim of Right from 1689 - which asserted the sovereignty of the old Scots parliament - Lord Doherty asked if there was a more recent precedent.

Mr O'Neill said there was none that matched the gravity of the present situation.

• Reaction to Parliament suspension plan
• Government asks Queen to suspend Parliament
• Brexit and Parliament: What just happened?

He went on to argue the parliamentary timetable did not give sufficient time for parliamentary involvement and ratification to happen. On the prime minister's comments in a TV interview on the subject, Mr O'Neill said "one might call that a lie, and that perhaps is not unexpected".

The legal challenge is being led by SNP MP Joanna Cherry and Liberal Democrat leader Jo Swinson, aided by Jo Maugham of the Good Law Project.

They want the court to rule that shutting down parliament - known as proroguing - ahead of Brexit would be "both unlawful and unconstitutional" and would have "irreversible legal, constitutional and practical implications for the United Kingdom".Boris Johnson's Attempted Coup And To Return The Recidivist Fascist Tyrant To The Fold Of The Law,.

--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com
---
You received this message because you are subscribed to the Google Groups "Ugandans at Heart (UAH) Community" group.
To unsubscribe from this group and stop receiving emails from it, send an email to ugandans-at-heart+unsubscribe@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/ugandans-at-heart/CAMs%3D6-y0R6wQiwh00XWhdd-7rmSpaDg-HfGHSe66WdADRKmSrg%40mail.gmail.com.