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Legal bid to stop Boris Johnson suspending parliament to push through no deal Brexit WILL be heard before 31 October deadline

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Full hearing on 6 September

📸 Original image via Snowmanradio

A legal challenge attempting to stop Prime Minister Boris Johnson from suspending parliament in a bid to push through a no deal Brexit will be heard before the 31 October deadline, a Scottish court has confirmed.

As reported by Legal Cheek last month, the legal petition, backed by more than 70 MPs and peers, is seeking to get the Court of Session in Edinburgh to rule that suspending parliament so that the UK leaves the EU without a deal is “unlawful and unconstitutional”.

And it’s good news for pro-EU campaigners. The Scottish court today decided that it will hold a full hearing of the case on 6 September. A judgment is expected in advance of the Brexit deadline on 31 October.

The case, supported by the Good Law Project, a not for profit organisation launched by Jolyon Maugham QC, comes after Johnson refused to rule out “proroguing” parliament to prevent MPs blocking a no deal Brexit.

The latest comments from across Legal Cheek

Ahead of today’s hearing, Devereux Chambers barrister Maugham said:

“A man with no mandate seeks to cancel parliament for fear it will stop him inflicting on an unwilling public an outcome they did not vote for and do not want. That’s certainly not democracy and I expect our courts to say it’s not the law.”

A legal letter reveals that the case invokes a number of ancient Scottish constitutional laws including the 1320 Declaration of Arbroath, George Buchanan’s 1579 De iure regni apud Scotos and Samuel Rutherford’s 1644 Lex Rex.

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41 Comments

Anonymous

Jolyon has to keep the political litigation party going until he can become some sort of Labour woke peer appointee

We hear too much from Labour Party activists called “Jolyon” and “Raphael”

And not enough from ordinary Labour voters called Wayne and Darren

VOTE LEAVE, TAKE CONTROL

GIRFUY

(20)(21)

Anonymous

Maugham’s never been a Labour member, nor does he share the views of the Labour leadership on Brexit.

On a side note, there’s a certain irony to posting ‘Take Control’ on this particular article…

(7)(10)

Anonymous

Hi Jolyon

When VAT is abolished post-Brexit, your tax appeal work will fall away

(14)(3)

Anonymous

I wonder what offends Jolyon more about the referendum?

The fact that ordinary people had a vote worth the same as his?

Or that they ignored the experts and used it?

Ideas like universal suffrage don’t just die

We need more referendums

(17)(10)

Anonymous

Ordinary people are far more stupid than we could ever have imagined and the issues involved were clearly beyond them. The racist, the stupid, the poorly educated and the selfish were corralled by a slick misinformation campaign. And well over a million of the worst of them are now six feet under.

Anonymous

It’s a jolly holiday with Jolyon, pretending that he’s working class.

Thinks he’s down with the common people, but really he’s just up his own arse.

(13)(1)

Anon

He’s never been a labour member, nor does he share the views of the Labour leadership on Brexit.

On a side note, there’s a certain irony to posting ‘Take Control’ on this particle article…

(3)(3)

Anonymous

Hi Jolyon

When VAT is abolished, all your tax appeal work will fall away

(4)(4)

GAMMONKRIEG

BREXIT MEANS BREXIT

(6)(11)

Anonymous

The problem with Remoaners like Jolyon is that you have a very wealth social and cultural elite which regards itself as a woke insurgency. They are in denial about their wealth and status.

They are so far removed from the concerns of ordinary people, they can’t even begin to imagine what life is like on the average wage (£29,000).

The man lives in a flipping refurbed windmill FFS

(19)(6)

Oh come off it

Whereas Johnson (Eton, Balliol) is a comparative everyman. But of course allegations of class privilege and elitism are only relevant against people who are advocating for Parliament (the democratically elected representatives of the people, whose mandate post-dates the Brexit vote), and not against those who form an executive who are open about a willingness to flout the constitutional norms which form the basic structure of our democratic settlement.

I don’t know whether Maugham’s challenge will succeed; his track record is mixed, and the legal argument from the original application seems to be very ambitious. But he, and the 75 MPs who are party to the suit – are they all too wealthy for your tastes too? Is Rosie Duffield, say?

The rhetoric of dismissing anyone who disagrees with an extreme political project, which was never contemplated by the Vote Leave campaign and goes against much of what was explicitly suggested at the time of the referendum, as too posh to have an opinion is not only hypocritical but false.

(10)(10)

Anonymous

Jolyon’s father went to Eton, and he did as well.

The state of this country…

(2)(2)

JM

Naah! I’m well working class me, mate!

Anonymous

Where is your evidence that he went to Eton because that’s a lie. Also his father abandoned his mother as soon as he was born so not sure what that has to with anything.

Anonymous

Unless you’re saying that being a normal person on an average salary degrades your brain, or that such people are more likely to be thick or racist or poorly educated, I’m not sure what this has to do with Brexit.

Brexit has clearly been led by a club of elites like Tim Martin, Alexander Johnson, Nigel Farage, Jacob Rees-Mogg, Rupert Murdoch and so forth.

Is your argument really that Jacob Rees-Mogg has more idea of normal people than Jolyon Maugham who grew up without a father, was adopted, had to work as a cleaner when a teenager to afford to live after being kicked out of his home, later lived with grandparents in a northern mining town, and was the first person in his family to go to university?

Then all of this obviously has literally nothing to do with whether Brexit is a good idea – it’s simply lunatic right identity politics.

(6)(1)

Anonymous

Identity politics is a great phrase. The left at its best, with some sad exceptions, understand it to mean a politics which is serious about recognising the importance of identity; the effects of racism, misogyny, classism etc. It has its more ridiculous moments (e.g. Caroline Lucas’s all-women cabinet) but generally it makes sense to think that politics ought to pay attention to these issues. The fact that it historically hasn’t just means that those issues are not dealt with, and that the harms which are identity-dependent go unaddressed.

On the right, the commonest approach is treating identity politics as if it meant that virtue and rightness inhere in identity. Obviously that’s bull, but it seems that the right thinks this because that is how it behaves.

(1)(0)

Anonyman

If Brexit is postponed again the following with happen…

1. Tim Martin will rally the punters at every single Wetherspoons up and down the country and get them to march to Westminster. Pints of Carling shall rain down upon the Houses of Parliament.

2. The fishermen of the United Kingdom will launch a full assault against the Royal Navy. Smelly cod and haddock shall be lobbed at sailors.

3. Farmers and rural folk that voted leave will plough their way through the streets of London in their tractors, Land Rovers and combine harvesters, smashing through Whitehall and quango buildings.

4. The working class (who all voted leave) will form a militia and swarm the liberal elite suburbs of places like Islington, Cambridge and Bath. The middle class liberals (armed with rolled up copies of the Guardian) will be overwhelmed and will subsequently surrender.

Boris Johnson and Nigel Farage will stand triumphantly in front of the statue of Winston Churchill in Westminster, and Brexit shall be declared.

(12)(3)

Anonymous

There are no fishermen left.

They’re all unemployed, with their kids and grandkids unemployed and smacked out of their heads in places like Grimsby.

Once the CFP falls away, ordinary people can make an honest living again from the sea.

Let’s see 500 boats again and some million pound houses in Grimsby.

All that wealth, just given away. Because, you know, *the European feels*.

(13)(5)

Anonymous

Not sure if just kidding or genuinely retarded.

(7)(5)

Anonymous

Just let the man working you libtards…

(2)(6)

Dr Mastu R. Bate

I ought to prescribe you more gammon.

(1)(0)

Anonymous

I like to imagine that I would never get this salty about losing a political argument.

Please Jolyon, continue to alienate and insult the working classes… That’s what got us the result in the first place.

(17)(5)

Anonymous

Absolutely

You tell broke chavs that they’re privileged to be white

You take all their jobs from them with your political choices

And then you tell them that their vote should be ignored

This is class hatred, pure and simple

(18)(7)

Oh come off it

The absolute state of the debate when this nonsense is still being peddled three years after the vote – leave attracted higher support from middle class than working class voters.

There are legitimate arguments about respecting a democratic mandate to be made, but the idea that opposing a move by an Etonian and his posh chums to ride roughshod over constitutional norms and disempower Parliament on the most important issue they will face in a generation is classist is utterly preposterous.

It is perfectly reasonable to think that the result of the referendum means that unless it is overturned by another referendum it is democratically necessary to leave the European Union. To equate doing so with leaving without a negotiated deal when doing so is against the will of Parliament, against the express designs of the leave campaign, and likely to be terrible for the country in the short and medium term is disingenuous.

(5)(5)

Anonymous

There are an awful lot of Little Englander racists in the English middle class.

(2)(2)

Anonymous

Is this forum shopping? If so, how much more embarrassing could a pro-EU action be?

(0)(3)

Anonymous

Where do you forum shop? I only forum shop in Waitrose.

(5)(0)

Anonymous

We need a red, white and blue Brexit as soon as possible. Once the commies over in Brussels work out they ain’t getting no 39bn from us, they might finally drop the backstop and we’ll beleave in Britain again.

(1)(2)

Anonymous

Are you Leadsom in disguise?

(0)(0)

Anonymous

I had Brexit tattooed on my penis

(3)(0)

Bob

I have the Oath against Modernism tattooed on mine – in English and Latin

(4)(0)

Kirkland NQ

I had the entire works of Shakespeare in 12 point font.

(1)(0)

Bob

Only garamond though I am sure

(3)(0)

Anonymous

My fantasy dinner party is Maugham, Owen Jones, Tommy Robinson and Jacob Rees-Mogg.

I’m serving popcorn.

(4)(0)

Anonymous

Another reason to get rid of Scotland, if they wanna go they can go.

(1)(2)

Banter Baron

How’s that North Sea oil looking for you Nicky S?

(1)(1)

Anonymous

“for fear it will stop him inflicting on an unwilling public an outcome they did not vote for and do not want” haha the public voted for brexit and many remoaners just want it over and done with

(4)(1)

Anonymous

No Joly holiday song yet?

Anyone?

Or has it already been deleted?

(0)(0)

Love you all Theresa

Brexit means Brexit! Stop moaning. The vote was to leave, that is what is happening. There was nothing on the ballot paper about deals, no deal or otherwise. Leave means leave!

(1)(1)

Anonymous

The Inner House of the Court of Session of Scotland, Edinburgh (and at present this is now only at the ‘the Outer House’) is essentially a glorified Scottish county court. Any (putative) ‘judgment’, especially one based primarily or solely upon pre-1707 Scots law, will be speedily ‘set aside’ by the Supreme Court and be declared null as far as the UK Parliament is concerned.

The Scottish courts (or at least the pro-SNP Scottish ‘judicial lords’) operate on the Scottish doctrine that the English Bill of Rights do not apply in Scotland ‘whatsoever’, and therefore the consider themselves not bound by it whatsoever even when deciding matters concerning the UK Parliament… I am not however quite sure that the Supreme Court can possibly go along with that particular line of reasoning.

(2)(0)

Anonymous

Bunch of jokers

Scottish “independence” = a massive divorce bill from England

They can f right off

(0)(0)

Comments are closed.

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