Posted: Sep 12, 2019 11:27 am
ronmcd wrote:The Scottish courts had decided prorogation was legal. The English courts did likewise. The Scottish appeal went to the highest civil court in Scotland, the Court of Session ("founded in 1532, fully 175 years before the Union of the Parliaments brought Scotland and England together in 1707") and they have concluded the advice (as opposed to prorogation) was unlawful.
The English court appeal is to be heard at the Supreme Court, as is the UK Govt appeal. All bundled together, I guess?
The high court never decided that it was legal, they said it wasn't for the court to comment on how government used that power. The Scottish court decided that the court should have a view on it and based on the evidence the advise given to the queen was misleading. So this is gonna go one of three ways
1 - The supreme court will agree with the high court that they have no place to comment
2 - They agree with the Scottish court that they do have a place and that they agree with their findings
3 - They agree with the Scottish court that they do have a place and that they disagree with their findings