The most significant constitutional judgment in your lifetime? Understanding Scotland’s Court of Session ruling and Supreme Court Appeal

On 11 September 2019, the Scottish Court of Session ruled that the Prime Minister’s prorogation of Parliament for a period of 5 weeks between 9 September 2019 and 14 October 2019 was unlawful. The Government’s appeal against this decision was heard in the Supreme Court last week. At the same time, the Supreme Court also considered an appeal from a challenge made in the English High Court in which it was held the matter was non-justiciable. On 24 September 2019 the Supreme Court unanimously upheld the decision of the Scottish Court, rejected the decision of the English High Court and found the prorogation unlawful.

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