Documents submitted to the court on his behalf on Thursday reveal three possible scenarios in the event the 11 justices conclude the prime minister’s advice to the Queen to prorogue parliament for five weeks was unlawful.
The first envisages a situation where the judges find it was unlawful, but their reasoning leaves open the possibility that parliament could be prorogued for the same length of time in a lawful manner.
The document, submitted by Sir James Eadie QC and advocate general for Scotland Lord Keen, states: “In that scenario, the court would and could not make any order purporting to require parliament to be reconvened … Parliament would remain prorogued.”
Brexit: Parliament could remain suspended even if court finds against PM, government suggests – live news
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British lawmakers rejected the deal 391-242, ignoring May’s entreaties to back the agreement and end the political chaos and economic uncertainty that Brexit has unleashed.
It was a narrower outcome than the 230-vote margin of defeat for the agreement in January, before May secured changes from the bloc — but not by much.
With EU leaders warning there would be no more changes or negotiations, and with less than three weeks to go until the UK is due to leave, British lawmakers now face a stark choice between leaving the EU without an agreement to smooth the way, or delaying the country’s withdrawal past the scheduled March 29 departure date.
“We’re not ‘unelected wreckers’. Our role is to safeguard democracy and ensure parliament and the people get a meaningful say … More