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I'm at Court of Session to cover the bid to block the suspension of parliament. Aidan O'Neill QC is representing the parliamentarians, Roddy Dunlop QC for the UK Government. Case is being heard in front of Lord Doherty.
Aidan O'Neill (AO) says case comes before court as matter of urgency in light of yesterday's announcement.
AO describes move as 'unconstitutional' and seeks interim interdict to allow case to have a full hearing.
AO describes UK Government's action as 'unprecedented and unlawful'
AO says the suspension of parliament means a denial of 'political accountability' for the UK Government.
AO says there a number of examples of where an order 'signed off' by the Queen have been successfully challenged.
AO says 'sometimes the resolution of legal questions will have political consequences'.
AO citing case of Barclay brothers ( who own the Telegraph) in Sark which saw them successfuly challenge the validity of privy council advice to the Queen. AO using case to illustrate his point that the parliamentarians case is a valid one.
AO cites second case where he says it shows there is an 'obligation on the sovereign to recall an order of prorogation' if the court is satisfied there has been an 'abuse of power'.
AO points out that an action raised in the Scottish courts is as valid as one raised in any other UK court, cites Brexit related court challenge in Northern Ireland.
On to Claim of Right Act 1689 territory now 😬 and AO pointing out it came in a period of parliament regularly being suspended.
Lord Doherty asks if there are more recent examples and AO says none that match the gravity of today's situation.
AO ends the first hour by saying 'power of the executive are never unlimited or unfettered. We do not live in a totalitarian state '.
And on that we rise for lunch. Court resumes at 2pm.
Case resumes with AO citing more cases of courts curtailing governmental 'abuses of power'
AO says the fact the Queen has signed the order does not 'insulate it from judicial review'. This case calls out for the highest degree of scruinty, he adds, due to the 'profound effect' of Brexit on UK citizens.
AO says under the suspension order the UK Government still has 'wriggle room' on when parliament sits. Now moving on to the Boris Johnson letter explaining yesterday's decision.
AO characterises the move to suspend parliament when 'there's lots to be done' as 'slightly counterintuitive'. Continues to deconstruct the ''vague' Johnson letter.
AO states the Johnson letter is a 'fundamental misdirection in law'
On the Prime Minister's insistence there's plenty time to debate the issue in parliament, AO says 'he knows it's wrong but he says it anyway. That's what one might call a lie'
AO finishes up by stating that if parliament not there then the courts will have to intervene.
Lord Doherty now asking AO questions around the politics and processes around the case. AO summarises the situation as 'not democracy as we know it. It's mob rule'.
Roddy Dunlop (RD) now for the UK Government. Opens by stating that proroguing is an exercise which the Queen alone can enter into and is not a matter for the courts.
RD working through 'classic examples of where the courts will not interfere' on prorogation and dissolving parliament (which he says is an analogous issue).
RD says there is a clear convention in the Queen following her government's advice and there is a weight of evidence to suggest that such conventions are 'non justicable'
RD points out parliament has never had a say in prorogation, that it is 'entirely normal' for prorogation to occur and the issue isn't for the courts just because the period is longer than in previous years.
The parliamentarians are asking the courts to 'tread where they are ill qualified to venture' due to the 'intensely political' nature of the issue, states RD.
RD states there is 'no good reason' for the interim interdict given the full hearing is due to take place next week and 'nothing will happen' in relation to prorogation between now and then.
RD finishes and Lord Doherty says he will consider the matter overnight. Court will resume at 10am tomorrow.
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