[Ed. – Whether one agrees or disagrees is basically moot at this point; there will be no higher ruling or supervening intervention between now and the 31 October Brexit date. If there are enough votes to reconvene the Commons, Parliament is back in business – although what it can do before 31 October is another question. Interesting times.]
The supreme court has ruled that Boris Johnson’s advice to the Queen that parliament should be prorogued for five weeks at the height of the Brexit crisis was unlawful.
The unanimous judgment from 11 justices on the UK’s highest court followed an emergency three-day hearing last week that exposed fundamental legal differences over interpreting the country’s unwritten constitution. …
Delivering judgment, Hale said: “The question arises in circumstances which have never arisen before and are unlikely to arise again.”
Then, giving the court’s judgment on whether the decision to suspend parliament was legal, Hale said: “This court has … concluded that the prime minister’s advice to Her Majesty [ to suspend parliament] was unlawful, void and of no effect. This means that the order in council to which it led was also unlawful, void and of no effect should be quashed.