British Prime Minister Boris Johnson suffered another setback on Wednesday as Scottish justice declared "illegal" the controversial parliamentary suspension until October 14th, just two weeks before the date of Brexit. The government, "disappointed", immediately announced an appeal to the Supreme Court in London, and the hearing is scheduled for Tuesday.
In the meantime, Parliament remains suspended. The court decision "does not change anything" for now, said a government source.
First judicial victory of the opponents of this suspension
Labor, the main opposition party, as well as Scottish Prime Minister Nicola Sturgeon, demanded that Parliament, suspended since Tuesday, be recalled "immediately".
Seized by 78 parliamentarians, the Edinburgh Court of Appeal ruled that Boris Johnson's decision was "intended to obstruct the Parliament" and declared the prorogation "illegal" and "null and void". This is the first judicial victory of the opponents of the suspension of Parliament, described as a maneuver to impose a Brexit without agreement.
"It's up to the electorate to decide"
In the first instance, the Scottish judiciary dismissed the action to block the suspension, finding that it was not up to the court but to "Parliament or, ultimately, the electorate" to decide.
This is the same argument used by the London High Court on Wednesday to explain its refusal last week to cancel Parliament's suspension following the legal action of an anti-human rights activist. Brexit.