, 9 tweets, 3 min read Read on Twitter
Official summary of decision in the Cherry case: "The Court will accordingly make an Order declaring that the Prime Minister’s advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect." scotland-judiciary.org.uk/9/2261/Joanna-…
Lord Carloway said that, given the circumstances and the evidence provided by the government, the true reason for the prorogation was to stymie parliamentary scrutiny of the executive. This was contrary to the principles of democracy and the rule of law.
Lord Brodie said that prorogation was unlawful as it was a tactic to frustrate Parliament, preventing it from holding the executive to account and allowing the government to pursue a no-deal Brexit without interference.
The third judge, Lord Drummond Young, said that the government's evidence showed no other explanation for suspending Parliament than to prevent scrutiny of executive action, which is of fundamental constitutional importance.
The High Court in England and Wales found in the government's favour on the same question (its reasons are due at noon today). Only the Supreme Court can resolve the clash - seems that it will hear both appeals together on Tuesday 17 September.
There is also an equivalent case in Northern Ireland: Mr Justice McCloskey's decision is reportedly due tomorrow. Expect that will be wrapped into the Supreme Court case as well, court procedures permitting.
@davidallengreen The Scottish Judiciary website appears to have crashed, so here is the official summary of the Cherry judgment copied into an open Google Doc for those interested: docs.google.com/document/d/1Hk….
@davidallengreen The full written judgment will be handed down at noon on Friday 13 September.
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