The court of session in Edinburgh has rejected an attempt to prevent Boris Johnson’s prorogation of the House of Commons.

Lord Doherty, the judge who heard the case, said the decision was nonjusticiable as it was matter of high policy and political judgment.

“In my opinion, there has been no contravention of the rule of law. Parliament is the master of its own proceedings. It is for parliament to decide when it sits. Parliament can sit before and after prorogation,” he said.

The case was initiated by the campaigning barrister Jolyon Maugham QC alongside a cross-party group of 75 MPs and peers, including the SNP’s Joanna Cherry.

An appeal against the ruling is expected, and similar cases are to be heard in Northern Ireland and England.

After the ruling Maugham tweeted: “The idea that if the PM suspends parliament the court can’t get involved looses some ugly demons. If he can do it for 34 days, why not 34 weeks, or 34 months? Where does this political power end?

“It’s not the law as I understand it. Yesterday’s hearing was always going to be a bit of a pre-season friendly. We’re now focused on the inner house, hopefully later this week, and then the supreme court on 17 September.”




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