Court to be told prorogation to prevent Brexit discussion is 'unconstitutional'

PUBLISHED: 14:37 02 September 2019 | UPDATED: 15:14 03 September 2019

Scottish Labour MP Ian Murray is among a cross-party group of 75 MPs bringing a legal challenge to the prorogation of parliament. Picture: Nick Ansell/PA Archive/PA Images

Scottish Labour MP Ian Murray is among a cross-party group of 75 MPs bringing a legal challenge to the prorogation of parliament. Picture: Nick Ansell/PA Archive/PA Images

PA Archive/PA Images

A cross-party group of 75 MPs and peers are bringing legal action against the government and plan to tell the courts that it would be "unconstitutional" to deny enough time in parliament to discuss Brexit.

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As Boris Johnson plans to meet his cabinet, it has been claimed that the government's legal argument for dropping the backstop is just the existing text with the backstop crossed out. Picture: Aaron Chown/PA Wire/PA ImagesAs Boris Johnson plans to meet his cabinet, it has been claimed that the government's legal argument for dropping the backstop is just the existing text with the backstop crossed out. Picture: Aaron Chown/PA Wire/PA Images

A hearing is scheduled at the Court of Session tomorrow at 10am, after a cross-party group of 75 MPs and peers brought legal action against the government.

Constitutional experts have already stated that Boris Johnson's prorogation of parliament was "frankly extraordinary" and breaks with the core principles of the constitution.

MORE: Constitutional academics declare Boris Johnson's prorogation an 'abuse of executive power'

Petitioner Ian Murray, Labour MP for Edinburgh South, said: "This court action has been taken because we believe it is unconstitutional for any minister to deny sufficient time for proper parliamentary scrutiny of Brexit.

"We are seeking to prevent Boris Johnson proroguing parliament and riding roughshod over British democracy.

"At the same time, in parliament we will seek to prevent a catastrophic no-deal Brexit, and I urge Scottish Conservative MPs in particular to put the country before their party."

There are currently two cases against prorogation going through the courts, the first of which was filed as an emergency injunction last week in the Scottish courts as the English courts were still closed.

However, Judge Lord Doherty refused the emergency measure, bringing the case forward to tomorrow.

A second case, filed by Gina Miller in the English High Court, will be heard on Thursday.

MORE: Political heavyweights team up with Gina Miller anti-prorogation legal challenge

The case has the cross-party backing of leading MPs including former prime minister John Major, deputy Labour Party leader Tom Watson, and Liberal Democrat leader Jo Swinson.

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