, 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

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

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)

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

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

@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

@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


Just, wow

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

@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.

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

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…

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