⏳ Final hours! Save up to 60% OFF InvestingProCLAIM SALE

Court rules Johnson suspended parliament unlawfully, PM defiant

Published 24/09/2019, 21:00
© Reuters. Britain's MP Amber Rudd is seen in Westminster, in London

By Estelle Shirbon and Michael Holden

LONDON (Reuters) - The UK Supreme Court ruled on Tuesday that Boris Johnson's decision to shut down parliament in the run-up to Brexit was unlawful, but a defiant prime minister said he disagreed and vowed that Britain would leave the EU by Oct. 31, come what may.

The stinging judgement by all 11 of the court's sitting justices undermines Johnson's already fragile grip on power and gives legislators more scope to try to stop him taking Britain out of the bloc next month, with or without a divorce deal.

Responding in New York to the decision, which said that the suspension was null and void, Johnson said he would respect the ruling but "strongly disagreed" with it, making clear the setback would make no difference to his Brexit agenda.

The Supreme Court ruling, the most important constitutional legal verdict in decades, was a blistering rebuke of Johnson's actions. Opposition leaders called on Johnson to resign immediately for misleading Queen Elizabeth, who had formally suspended parliament on his advice.

"The decision to advise Her Majesty to prorogue parliament was unlawful because it had the effect of frustrating or preventing the ability of parliament to carry out its constitutional functions without reasonable justification," Supreme Court President Brenda Hale said.

The ruling said Johnson had not given any reason - "let alone a good reason" - for suspending the legislature for five weeks, an act which had had an "extreme" effect on the fundamentals of British democracy.

"The prime minister's advice to Her Majesty was unlawful, void and of no effect," said Hale, adding that parliament was therefore not suspended and it was up to the speakers of its two chambers to decide what to do next.

The speaker of the House of Commons, the lower and much more powerful chamber, said it would reconvene at 11:30 a.m. (1030 GMT) on Wednesday.

Standing alongside U.S. President Donald Trump at the United Nations, Johnson was asked if he would resign. "No, no, no," he replied, while Trump interjected: "I'll tell you, I know him well, he’s not going anywhere."

Johnson was unrepentant after the landmark ruling, saying while he respected the judges, he disagreed profoundly with them. He said that as the law stood, Britain would still leave the EU on Oct. 31.

The prime minister spoke to Queen Elizabeth after the ruling, a government official said.

Asked if it had been an apologetic call, the official declined to discuss the content of the conversation.

PARLIAMENT TO RESUME

Johnson, who has no parliamentary majority and suffered repeated defeats there before the suspension, had argued the shutdown was normal while a new legislative agenda, known as the Queen's Speech, was prepared.

Critics said he had suspended parliament in order to prevent further reverses. A rebel alliance of opposition lawmakers and some from his own Conservative Party had forced through a law requiring Johnson to ask the EU to delay Brexit by three months if no deal was agreed by Oct. 19.

Asked how he planned to overcome that obstacle, Johnson ignored the question and repeated his view that an Oct. 31 exit was the legal default. He will return to Britain after giving a speech at the United Nations General Assembly.

"Tomorrow is another day in parliament," Johnson said, although what will ensue there is not clear. He has also not ruled out suspending parliament again.

Jeremy Corbyn, leader of Britain's main opposition Labour Party, told his party's annual conference that Johnson should quit but did not say whether he would call for a vote of no confidence.

In financial markets, sterling rallied against the dollar and the euro after the decision, and at 1630 GMT stood half a cent higher on the day at $1.2480 .

PEOPLE VS PARLIAMENT?

More than three years after the United Kingdom voted by 52%-48% in a referendum to leave the European Union, the country remains deeply divided and the Brexit process has become mired in confusion, with options ranging from a turbulent no-deal exit to abandoning the entire endeavour.

In his comments in New York, Johnson sought to portray the court ruling as the latest attempt by Brexit opponents to thwart the will of the people as expressed in the 2016 referendum.

"Let’s be in no doubt there are a lot of people who want to frustrate Brexit. There are a lot of people who want to stop this country coming out of the EU," he said.

Johnson's critics say that such language, pitting parliament and the independent judiciary against the voters, is divisive and dangerous for British democracy.

The Supreme Court had repeatedly made it clear that it was passing no judgment on the pros and cons of Brexit, but rather was deciding a narrow legal point on whether or not the prime minister's advice to the queen was lawful.

Former Conservative prime minister John Major, who had joined anti-Brexit campaigners and opposition lawmakers in the legal challenge against the prorogation, said Johnson should give an "unreserved apology" to parliament.

"No prime minister must ever treat the monarch or parliament in this way again," he said in a statement.

© Reuters. Britain's MP Amber Rudd is seen in Westminster, in London

Buckingham Palace declined to comment.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.