, 11 tweets, 4 min read Read on Twitter
On the astonishing Scots law case

Some general points

Scots law is different, sometimes very different to the law of England and Wales

This includes a different approach to constitutional law matters

1.
That is why the Scottish court is able to take a different view on the legality of prorogation to that of the English high court

English constitutional law has been contaminated for a century by the parliamentary absolutism of Victorian jurist AV Dicey

Scots law free of that

2
This means something which unconstitutional can also be unlawful in Scotland, even if held to be lawful by High Court in London

(Same in theory with Northern Irish courts)

3.
That is why I and others would have put the chances of the action succeeding in London as zero

And that is why cannily the action was launched in Scotland, where judges and the law would be far more receptive

4.
So huge kudos to @joannaccherry and other parliamentarians for taking this case forward

And congratulations to @JolyonMaugham, with whom I often disagree, for his important role in bringing this case

5.
@joannaccherry @JolyonMaugham Am now going to look at the reasons before tweeting more on the case and working out what can happen next

I will add to this thread shortly

6.
@joannaccherry @JolyonMaugham The Scottish court has found unanimously that the Prime Minister misled the Queen

In effect, the court has held that Boris Johnson lied to the Queen so as to obtain prorogation

Wow

Just, wow

Not seen a court decision like this in thirty years of constitutional geekery

8
@joannaccherry @JolyonMaugham Johnson's premiership has not got off to a good start.

He has lost his first six parliamentary votes, including losing control of the business of parliament.

But this defeat is of far more constitutional significance than the loss of any vote in the house of commons.

9
@joannaccherry @JolyonMaugham Boris Johnson is the first prime minister to have been found by a court to have misled a king or queen.

10.
So that missing witness statement was very significant indeed

Its absence meant that the Scottish judges could infer improper motive.

Very much Sherlock Holmes's curious incident of the dog not barking

My piece on that missing statement ft.com/content/119832…

11.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to David Allen Green
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!