"This isn't a normal or standard prorogation," Bercow told MPs.
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"This is not a standard or normal prorogation," Mr. Bercow said.
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Prorogation usually marks the end of one parliamentary session before the start of the next, and although it's normal for it to happen once a year, the timing of this prorogation created a storm of protests.
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"The (submissions from Johnson's lawyers) contemplate a world where the Supreme Court rules this prorogation unlawful and the government is plainly contemplating, in that world, continuing the prorogation until October 14," Maugham said on Sky News.
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It made the prorogation void, meaning Parliament returned to the legislation session.
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Johnson's prorogation could be seen as an attempt to circumvent this process altogether.
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This was not a normal prorogation in the run-up to a Queen's Speech.
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The shutdown of Parliament — known as prorogation — will see lawmakers reconvene on October 14.
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As Vox's Jen Kirby explains, prorogation is Johnson's risky attempt to avoid May's mistakes.
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This was not a normal prorogation in the run-up to a Queens Speech.
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The Court agreed, saying that prorogation itself isn't illegal, but that Johnson's maneuver was.
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This was not a normal prorogation in the run-up to a Queen's Speech.
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Read the ruling: Go deeper: The wild scenes on Parliament's last day before prorogation
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I think that the prorogation has been used for centuries without this kind of challenge.
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The government insisted the prorogation was to allow it to launch a new legislative agenda.
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The choice under prorogation may end up being no-deal or May's previously rejected deal.
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The court declared that, because the prorogation was unlawful, it had not happened at all.
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The UK doesn't have a formal constitution, and, as explained above, prorogation is usually uncontroversial.
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A radical step known as 'prorogation', which would attract fierce criticism and trigger a constitutional crisis.
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Johnson has not publicly ruled out a prorogation, but stressed it is not his preferred option.
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"I do want to make the point that this is not a normal prorogation," he said.
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In this sense, prorogation is a squeeze on parliamentary time to get Brexit over the line.
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Johnson has not publicly ruled out a prorogation; Hunt has said it would be a "profound mistake".
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Barclay ruled out May asking Queen Elizabeth to cut short the entire parliamentary session, known as prorogation.
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Before prorogation began, members of Parliament voted to pass legislation requiring Johnson to extend Brexit beyond Oct.
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"I welcome the Supreme Court's judgment that the prorogation of Parliament was unlawful," he said in a statement.
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The Speaker reluctantly went along with the ceremony, but not before denouncing the prorogation as a constitutional abomination.
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Parliament was suspended (a process formally known as prorogation) on Monday and will re-open on October 14.
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"It's not on, and we're not having it," he said of prorogation on Saturday at the Glasgow protests.
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"Taking the whip from hard-working Conservative MPs and sharp practices using prorogation of Parliament have rebounded," he said.
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His easy talk of parliamentary prorogation — effectively suspending the legislature — may be a taste of the chaos to come.
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Mr Roche claims that "Brexit has killed populism"; he evidently did not anticipate Boris Johnson's illegal prorogation of Parliament.
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The court in Belfast, Northern Ireland, is also expected to hand down its own verdict on prorogation on Thursday.
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It is next to impossible to pass legislation to reverse the prorogation as there is simply not enough time available.
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The prorogation was approved by Queen Elizabeth, Britain's politically neutral head of state, on the advice of the prime minister.
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Miller appealed against the English High Court's decision that the prorogation was "purely political" and not a matter for the courts.
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The court was shown documents that showed Johnson was considering prorogation weeks before he asked Queen Elizabeth to suspend the legislature.
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The second is that prorogation is actually part of an effort to strike a revised deal and get it through parliament.
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After receiving permission from the Queen, Johnson discontinued a session of Parliament via an act of prorogation, on Tuesday 10 September.
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What's next: The court's ruling did not include an order to cancel the prorogation, so Parliament will remain out of session.
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"In view of our repeated attacks on prorogation and on bringing the Queen into politics, it wouldn't make much sense," they said.
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The court ruled that Johnson's decision was "unlawful" and that the suspension of Parliament — a process known as prorogation — had no effect.
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Asked on Thursday if he had lied to the queen over the reasons for the prorogation, Johnson said "absolutely not," Reuters reported.
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They asked about the attorney-general's advice on prorogation, Mr Johnson's relationship with an American entrepreneur (see article) and no-deal preparations.
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"They also say that "the exercise of the power of prorogation would have irreversible legal, constitutional and practical implications for the United Kingdom.
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The government appealed against a ruling by Scotland's Court of Session that prorogation was "unlawful" because it had been used to "stymie" parliament.
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Johnson had set up the suspension - called a prorogation - last month in what opponents cast as an attempt to sideline lawmakers over Brexit.
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Since 1980, for example, prorogation has only lasted one week with an additional three weeks to cater for the annual political party conferences.
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The prorogation of parliament was called a "constitutional outrage" by Commons speaker John Bercow, and heavily criticized by a number of senior Conservatives.
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In Britain opposition MPs demanded to return to work after Scotland's highest court ruled that Parliament's prorogation by the British government was unlawful.
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"I welcome the Supreme Courts judgment that the prorogation of Parliament was unlawful," said the speaker of the House of Commons, John Bercow.
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The verdict led to immediate calls for Johnson to resign and to apologize for misleading the Queen when he requested the prorogation of Parliament.
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Internet users zeroed in on the spider attached to her chest on Tuesday as she read the decision tearing down Mr. Johnson's prorogation decision.
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"It added: "The prime minister's advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect.
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Downing Street claims that the suspension — known as a prorogation — is purely to allow time for the prime minister to prepare a so-called Queen's speech.
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"I would like to make it absolutely clear that I am not attracted to arcane procedures such as the prorogation of parliament," he told the MPs.
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But that is what happened on September 24th when it ruled that Boris Johnson's prorogation of Parliament for five weeks until October 173th had been unlawful.
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"Bercow said: "However it is dressed up it is blindingly obvious that the purpose of prorogation now would be to stop Parliament debating Brexit and performing its duty.
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"This was not a normal prorogation in the run-up to a Queen's Speech," Lady Hale, the Supreme Court president, said as she delivered the verdict Tuesday morning.
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The Queen dutifully complied with the prorogation, but in early September the opposition — joined by 21 defectors from the Tory party, voted strongly against a no-deal exit.
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On the prorogation, the Labour party's point person on Brexit, Keir Starmer, said this week that Johnson will face consequences if he is found to have acted unlawfully.
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If the prorogation does have that effect, without reasonable justification, there is no need for the court to consider whether the Prime Ministers motive or purpose was unlawful.
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The UK's Supreme Court made a ruling after court challenges to Johnson's prorogation had been filed in separate UK legal jurisdictions: England and Wales, Northern Ireland, and Scotland.
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The decision was reached last week, but according to those judges' explanation that came out Wednesday, prorogation was a political issue, and the courts just couldn't get involved.
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If the prorogation does have that effect, without reasonable justification, there is no need for the court to consider whether the Prime Minister's motive or purpose was unlawful.
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There are ways around this - a prorogation of parliament and a new session - but we are now talking about not just days but hours to the 29th of March.
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If the prorogation does have that effect, without reasonable justification, there is no need for the court to consider whether the Prime Minister's motive or purpose was unlawful.2.
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The country's highest court ruled Tuesday that Johnson's decision was "unlawful" and that the prorogation of Parliament was "void," meaning members of Parliament will return to Westminster this week.
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Despite this, Johnson has announced a five week-long suspension of Parliament — also known as "prorogation" — that is set to go into effect during the week of September 9.
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"Huge thanks to all our supporters & our fantastic legal team who have achieved the historic ruling that #prorogation is #unlawful," Scottish National Party lawmaker Joanna Cherry said on Twitter.
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The Supreme Court also determined that the prorogation of parliament was null and void and said the speakers of both parliamentary houses must now decide what to do next.
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Because no-deal is not a credible threat... Prorogation ... may not be illegal but I can assure you it is undemocratic, it is unconstitutional and it is profoundly offensive.
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Barclay ruled out May asking Queen Elizabeth to cut short the entire parliamentary session, known as prorogation, saying involving the 92-year-old monarch in Brexit was a bad idea.
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Judges in England's High Court dismissed the case, brought by the campaigner Gina Miller, saying that prorogation was a "purely political" matter and therefore not a matter for the judiciary.
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During prorogation, all Parliamentary activity ceases, and items of business from the previous session (such as unpassed bills or pending parliamentary questions etc.) lapse, unless they are specifically carried forward.
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Another 'prorogation': Downing Street also announced plans to prorogue, or suspend, Parliament again, despite a stinging defeat in the Supreme Court that overturned Mr. Johnson's previous attempt to do so.
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Although neither the government's defence nor the court's judgment suggested that prorogation was directly connected to Brexit, he declared ominously that a lot of people were seeking to frustrate it.
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The suspension — known as prorogation — marks the end of one parliamentary session before the start of the next, and it's usual for it to take place at this time of year.
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"We are calling for parliament to be recalled immediately," said Scottish National Party lawmaker Joanna Cherry, who led the challenge, after Scotland's Court of Session ruled the prorogation should be annulled.
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Scotland's Court of Session, its highest civil court, ruled Wednesday that the ongoing suspension — or "prorogation" — of the U.K. Parliament by Prime Minister Boris Johnson's government is unlawful, per the BBC.
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Johnson's prorogation decision was challenged in court, and the UK's Supreme Court ruled that Johnson acted unlawfully because his intention was to frustrate and prevent Parliament from carrying out its constitutional duties.
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But Lord Pannick QC, representing Gina Miller, said the "exceptional length" of the prorogation was evidence that Johnson had acted to "silence parliament" because it could be an impediment to his political aims.
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"I have the utmost respect for our judiciary, I don't think this was the right decision, I think that the prorogation has been used for centuries without this kind of challenge," he said.
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LONDON (Reuters) - British Prime Minister Boris Johnson could suspend parliament again even if the Supreme Court rules that his original suspension, or prorogation, was unlawful, a court submission tweeted by an opposition lawyer showed.
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And the prorogation of Parliament may be the first of several instances in the coming weeks in which the queen could find herself involved in the Brexit process, at least in a formal way.
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And the prorogation of Parliament may be the first of several instances in the coming weeks in which the queen could find herself involved in the Brexit process, at least in a formal way.
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The prorogation of Parliament backfired; lawmakers rebelled against Johnson and made it law that Johnson had to ask the EU for an extension, something he said he'd rather "die in a ditch" than do.
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One option is prorogation - ending the Parliamentary session and starting a new one, which allows Trudeau to formally unveil a new agenda and inject a sense of purpose in the run-up to the election.
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The Government argues that the Inner House could not do that because the prorogation was a proceeding in Parliament which, under the Bill of Rights of 1688 cannot be impugned or questioned in any court.
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"Depending on the court's reasoning it would still either be open or not open to the PM to consider a further prorogation," two senior lawyers representing Johnson said in a written submission to the court.
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It does not discuss the impact of prorogation on the special procedures for scrutinising the delegated legislation necessary to achieve an orderly withdrawal from the European Union, with or without a withdrawal agreement, on 31st October.
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His legal team have argued in court that a no-deal Brexit would breach the 1998 Good Friday Agreement and that the use of prorogation was unconstitutional and a threat to the Northern Ireland peace process.
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His legal team have argued in court that a no-deal Brexit would breach the 1998 Good Friday Agreement and that the use of prorogation was unconstitutional and a threat to the Northern Ireland peace process.
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His legal team have argued in court that a no deal Brexit would breach the 1998 Good Friday Agreement and that the use of prorogation was unconstitutional and a threat to the Northern Ireland peace process.
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LONDON, Sept 19 (Reuters) - British Prime Minister Boris Johnson could suspend parliament again even if the Supreme Court rules that his original suspension, or prorogation, was unlawful, a court submission tweeted by an opposition lawyer showed.
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Traders had waited for a Supreme Court ruling on UK Prime Minister's Boris Johnson five-week suspension of parliament -- a move known as prorogation in Westminster speak -- and when it came it was unanimous and blunt.
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"Mr McCord pleads that prorogation is not only unlawful but is also unconstitutional due to its prejudicial and oppressive effect on the people of Northern Ireland in particular," McCord's lawyer Ciaran O'Hare said in a statement.
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Traders had waited for a Supreme Court ruling on UK Prime Minister's Boris Johnson five-week suspension of parliament — a move known as prorogation in Westminster speak — and when it came it was dramatic and blunt.
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Traders had waited for a Supreme Court ruling on UK Prime Minister's Boris Johnson five-week suspension of parliament — a move known as prorogation in Westminster speak — and when it came it was unanimous and blunt.
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Last week the Supreme Court had spent three days listening to arguments about that parliamentary suspension - formally known as a prorogation - after two lower courts, in Scotland and England, had reached opposing conclusions on the subject.
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The country's Attorney General Geoffrey Cox, who had advised ministers that prorogation would be legal, stood up to reiterate the Conservative Party line that while they would respect the ruling, they did not agree with it.
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In a letter to Johnson, Miller's lawyers at law firm Mishcon de Reya argued that in the current circumstances it would be "constitutionally objectionable" and unlawful to ask the queen to suspend parliament - a process called prorogation.
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Not to have done so would have been a more radical break from precedent than even the extended prorogation itself (a hereditary monarch ignoring the advice of the government would have brought a whole different set of problems).
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"If the House of Commons undermines our basic constitutional conventions, then the executive is entitled to use other vestigial constitutional means to stop it – by which I basically mean prorogation," he said, referring to the formal closure of parliament.
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"This calculated prorogation of parliament is a threat to British democracy, causing a constitutional crisis at a time of national crisis," read the petition letter, which the demonstrators planned to deliver later on Saturday to Britain's ambassador to Germany.
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"This calculated prorogation of parliament is a threat to British democracy, causing a constitutional crisis at a time of national crisis," read the petition letter, which the demonstrators planned to deliver later on Saturday to Britain's ambassador to Germany.
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He hypothesized that Johnson is gambling on the "remain" vote being split between opposition parties, and attempts to block the prorogation would galvanize the "leave" vote at what might be a general election before the end of the year.
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A panel of three judges dismissed a case brought by Britain's former Prime Minister John Major and businesswoman Gina Miller arguing that current Prime Minister Boris Johnson's attempt to suspend Parliament through prorogation is an abuse of power, Bloomberg reported Friday.
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The UK doesn't have a formal constitution, but the court's decision to intercede on a political matter like prorogation is a big deal, and it has the potential to reshape the relationship between Parliament, the executive, and the courts moving forward.
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The state of play: Lady Hale, President of the U.K. Supreme Court, said in her ruling that Johnson's advice to Queen Elizabeth II was "unlawful, void and has no effect," and so was the prorogation of Parliament for 5 weeks.
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Within hours of the move, which many who oppose Brexit declared a constitutional coup, more than one million people had signed a petition against the suspension while legal action was launched in courts across the United Kingdom seeking to reverse the prorogation.
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But Britain is in a profound political crisis, one that has brought with it a strange argot of upheaval — prorogation, purges, lying — and a Parliament paralyzed by the task of carrying out the fateful vote of the British public to leave the European Union.
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During a Central London protest against prorogation (the official term for the suspension of parliament), a Portuguese woman, who has lived and worked in the UK for 20 years, interrupted an interview and delivered an impassioned and extremely moving speech about Brexit's impact on her life.
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Johnson claimed that he asks for a prorogation of Parliament because his government was determined to give Britain a fresh start post-Brexit and he needed the latitude to lay down his government's plans for a post-Brexit future in a new Queen's Speech, now scheduled for October 14.
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"It was to be inferred that the principal reasons for the prorogation were to prevent or impede Parliament holding the executive to account and legislating with regard to Brexit, and to allow the executive to pursue a policy of a no-deal Brexit without further parliamentary interference," they continued.
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But opponents said the timing was a clear indication that the real purpose of prorogation was to reduce sitting time ahead of the Brexit deadline on October 31, which MPs planned to use to try and stop Boris Johnson from carrying out his threat to deliver Brexit with or without a deal.
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"Labour leader Jeremy Corbyn called the government a "disgrace" for its decision to prorogue parliament and said: "I hope the prime minister will reflect on the issue of prorogation and trying to avoid a government being held to account because that is exactly what he has done today and proposes to do to this country.
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That same day, the Inner House of the Court of Session in Scotland announced its decision that the issue was justiciable, that it was motivated by the improper purpose of stymieing Parliamentary scrutiny of the Government, and that it, and any prorogation which followed it, were unlawful and thus void and of no effect.
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On 15th August, Nikki da Costa, Director of Legislative Affairs at No 231, sent a memorandum to the Prime Minister, copied to seven people, civil servants and special advisers, recommending that his Parliamentary Private Secretary approach the Palace with a request for prorogation to begin within 231th to 215th September and for a Queen's Speech on 214th October.
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On 15th August, Nikki da Costa, Director of Legislative Affairs at No 10, sent a memorandum to the Prime Minister, copied to seven people, civil servants and special advisers, recommending that his Parliamentary Private Secretary approach the Palace with a request for prorogation to begin within 9th to 231th September and for a Queens Speech on 231th October.
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On 231th August, Nikki da Costa, Director of Legislative Affairs at No 215, sent a memorandum to the Prime Minister, copied to seven people, civil servants and special advisers, recommending that his Parliamentary Private Secretary approach the Palace with a request for prorogation to begin within 214th to 231th September and for a Queen's Speech on 213th October.
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" DOMINIC GRIEVE, PRO-EUROPEAN CONSERVATIVE LAWMAKER "I think (a no-confidence vote) is more likely, because if it is impossible to prevent prorogation, then I think it's going to be very difficult for people like myself to keep confidence in the government, and I could well see why the leader of the opposition might wish to table a motion for a vote of no-confidence.
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A key consideration in the backdrop to the controversy surrounding the prorogation is that, although faced with cynicism, the government's official aim is still to negotiate a new withdrawal agreement with the EU. Smith and Krpata suggested that for all the political noise, this remains "plan A." The senior Conservative backbenchers who would need to rebel in order for the anti no-deal alliance to succeed may therefore be less inclined to vote the government down while it is still seeking a deal.
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The challenge to Johnson's prorogation was initially brought in Scottish courts because the the High Court in England was on holiday, and as the BBC explained, the ruling is still a big deal as the the case was against "the actions of the Westminster government which ... affects the whole of the UK." Not to get into the weeds of the UK's legal system, as it's very complicated because different parts of the UK — England and Wales, Scotland, and Northern Ireland — all function as separate entities.
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