Boris Johnson’s decision to prorogue Parliament ‘not a matter for the courts’

Ms Miller's case against the prime minister was supported by former prime minister John Major (Picture: Getty Images)
Gina Miller’s case in opposition to the prime minister was supported by former prime minister John Major (Picture: Getty Images)

The High Court has dominated that Boris Johnson’s decision to droop Parliament for 5 weeks ‘is not a matter for the courts’.

The case was introduced to the by businesswoman Gina Miller.

She was supported by former prime minister John Major and shadow legal professional normal Baroness Chakrabarti, in addition to the Scottish and Welsh governments.

However, the case was dismissed final Friday, and as we speak the judges gave their causes for doing so.

The judges made clear that the decision of the prime minister to prorogue Parliament, which is the longest suspension since 1945, was ‘purely political’ and subsequently not able to being challenged in the courts.

They additionally added that there was ‘no legal standard against which to judge the decision’ to droop Parliament and that it was ‘impossible for the court to make a legal assessment of whether the duration of the prorogation was excessive by reference to any measure’.



Lord Chief Justice Lord Burnett, Master of the Rolls Sir Terence Etherton and President of the Queen’s Bench Division Dame Victoria Sharp delivered their ruling at a transient listening to in London as we speak.

LONDON, ENGLAND - SEPTEMBER 05: Gina Miller speaks leaves the Royal Courts of Justice after judges at the High Court rejected her legal challenge, but gave her permission to appeal at the Supreme Court, on September 5, 2019 in London, England. The High Court is hearing a legal challenge brought by former Conservative Prime Minister John Major and Article 50 campaigner Gina Miller challenging current Prime Minister Boris Johnson's planend prorogation of parliament. (Photo by Chris J Ratcliffe/Getty Images)
The case was introduced to the court docket by Gina Miller (Picture: Getty Images)

In their judgment, they acknowledged: ‘We concluded that the decision of the Prime Minister was not justiciable (capable of challenge). It is not a matter for the courts.’

The judges additionally mentioned that Ms Miller’s case had been undermined by the indisputable fact that Parliament had managed to go latest laws, requiring Mr Johnson to search an extension to the present deadline of October 31 if no deal is reached with the EU.

The judgment acknowledged: ‘The ability of Parliament to move with speed when it chooses to do so, was illustrated with clarity and at the same time undermined the underlying premise of the cases advanced by both the claimant and the interveners, namely that the prorogation would deny Parliament the opportunity to do precisely what it has just done.’

The ruling got here after the Court of Session in Edinburgh dominated that Mr Johnson’s suspension of Parliament was illegal.

Anti Brexit campaigner Gina Miller makes a statement outside the Royal Courts of Justice in London having attended the judicial review hearing into the decision to prorogue Parliament. PA Photo. Picture date: Friday September 6, 2019. See PA story COURTS Brexit. Photo credit should read: Aaron Chown/PA Wire
Ms Miller mentioned she wouldn’t ‘give up the fight for democracy’ (Picture: PA)

The English and Scottish proceedings, together with a related case being heard in Belfast, are anticipated to be thought of collectively by the Supreme Court in London, with the listening to due to begin on September 17.

At the listening to final week, Ms Miller’s barrister, Lord Pannick QC, had argued that Mr Johnson’s recommendation to the Queen to droop Parliament for 5 weeks was an ‘unlawful abuse of power’.



Lawyers representing Mr Johnson mentioned Ms Miller’s declare was ‘academic’ and urged the court docket to reject it.

Prime Minister Boris Johnson during a visit to Pimlico Primary school in South West London, to meet staff and students and launch an education drive which could see up to 30 new free schools established. PA Photo. Picture date: Tuesday July 10, 2018. See PA story POLITICS Freeschools. Photo credit should read: Toby Melville/PA Wire
has suspended parliament for 5 weeks (Picture: PA)

Speaking exterior the Royal Courts of Justice after the ruling final week, Ms Miller mentioned she was ‘very disappointed with the judgment’.

‘To give up now would be a dereliction of our responsibility. We need to protect our institutions,’ she mentioned.

‘It is just not proper that they need to be shut down or bullied, particularly at this most momentous time in historical past.

‘My legal team and I will not give up our fight for democracy.’