Boris Johnson’s decision to suspend Parliament was unlawful, the Supreme Court has ruled.
Mr Johnson suspended – or prorogued – Parliament for five weeks earlier this month, but judges said it was wrong to stop MPs carrying out duties in the run-up to Brexit on 31 October.
Supreme Court president Lady Hale said “the effect on the fundamentals of democracy was extreme.”
The PM said he “profoundly disagreed” with the ruling but would “respect” it.
A raft of MPs have now called for the prime minister to resign and some say they will attempt to force him out if he does not go of his accord.
‘Undeterred’
Mr Johnson insisted he wanted to outline his government’s policies in a Queen’s Speech on 14 October, and to do that, Parliament must be prorogued and a new session started.
But critics said he was trying to stop MPs scrutinising his Brexit plans and the suspension was far longer than necessary.
During a speech in New York, the PM said he “refused to be deterred” from getting on with “an exciting and dynamic domestic agenda”, and to do that he would need a Queen’s Speech.
The court ruling does not prevent him from proroguing again in order to hold one, as long as it does not stop Parliament carrying out its duties “without reasonable justification”.
A No 10 source said the Supreme Court had “made a serious mistake in extending its reach to these political matters”, and had “made it clear that its reasons [were] connected to the Parliamentary disputes over, and timetable for” Brexit.
But Lady Hale emphasised in the ruling that the case was “not about when and on what terms” the UK left the EU – it was about the decision to suspend Parliament.
Delivering the justices’ conclusions, she said: “The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.”
Lady Hale said the unanimous decision of the 11 justices meant Parliament had effectively not been prorogued – the decision was null and of no effect.
Speaker of the Commons John Bercow said MPs needed to return “in light of the explicit judgement”, and he had “instructed the House of Commons authorities to prepare… for the resumption of business” from 11:30 BST on Wednesday.
He said prime minister’s questions would not go ahead, but there would be “full scope” for urgent questions, ministerial statements and applications for emergency debates.
Where does this leave Boris Johnson?
Analysis
Short of the inscrutable Lady Hale, with the giant diamond spider on her lapel, declaring Boris Johnson to be Pinocchio, this judgement is just about as bad for the government as it gets.
Mr Johnson is, as is abundantly clear, prepared to run a general election campaign that pits Parliament against the people. And so what, according to that view of the world, if that includes the judges as part of the establishment standing in his way?
But there is a difference between being ruthless and reckless.
And the scope and strength of this judgement cannot just be dismissed as some pesky judges sticking their noses in.
Reacting to the ruling, Mr Johnson said it was an “unusual judgement”, adding: “The prerogative of prorogation has been used for centuries without this kind of challenge.
“There are a lot of people who basically want to stop this country from coming out of the EU and we have a Parliament that is unable to be prorogued and doesn’t want to have an election. I think it is time we took things forward.”
The PM said getting a deal was “not made much easier with these sort of things in Parliament or the courts”, but insisted the UK would still leave on 31 October.
Labour leader Jeremy Corbyn was due to close the Labour Party conference in Brighton with a speech on Wednesday, but brought it forward to Tuesday afternoon so he could return to Westminster.
He told cheering delegates: “Tomorrow Parliament will return. The government will be held to account for what it has done. Boris Johnson has been found to have misled the country. This unelected prime minister should now resign.”
Lawyers for the government had argued the decision to prorogue was one for Parliament, not the courts.
But the justices disagreed, unanimously deciding it was “justiciable”, and there was “no doubt that the courts have jurisdiction to decide upon the existence and limits of a prerogative power”.
The court also criticised the length of the suspension, with Lady Hale saying it was “impossible for us to conclude, on the evidence which has been put before us, that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks”.
The damage is done
Analysis
Wow! This is legal, constitutional and political dynamite.
It is worth just taking a breath and considering that a prime minister of the United Kingdom has been found by the highest court in the land to have acted unlawfully in shutting down the sovereign body in our constitution, Parliament, at a time of national crisis.
The court may have fallen short of saying Boris Johnson had an improper motive of stymieing or frustrating parliamentary scrutiny, but the damage is done, he has been found to have acted unlawfully and stopped Parliament from doing its job without any legal justification.
And the court has quashed both his advice to the Queen and the Order in Council which officially suspended parliament.
That means Parliament was never prorogued and so we assume that MPs are free to re-enter the Commons.
This is the most dramatic example yet of independent judges, through the mechanism of judicial review, stopping the government in its tracks because what it has done is unlawful.
Be you ever so mighty, the law is above you – even if you are the prime minister.
Unprecedented, extraordinary, ground breaking – it is difficult to overestimate the constitutional and political significance of today’s ruling.
What was the court considering?
The ruling was made after a three-day hearing at the Supreme Court last week which dealt with two appeals – one from campaigner and businesswoman Gina Miller, the second from the government.
Mrs Miller was appealing against the English High Court’s decision that the prorogation was “purely political” and not a matter for the courts.
The government was appealing against the ruling by Scotland’s Court of Session that the prorogation was “unlawful” and had been used to “stymie” Parliament.
The court ruled in favour of Mrs Miller’s appeal and against the government’s.
How did those involved in the case react?
Speaking outside the court, Mrs Miller said the ruling “speaks volumes”.
“This prime minister must open the doors of Parliament tomorrow. MPs must get back and be brave and bold in holding this unscrupulous government to account,” she added.
The SNP’s Joanna Cherry, who led the Scottish case, called for Mr Johnson to resign as a result of the ruling.
“The highest court in the United Kingdom has unanimously found that his advice to prorogue this Parliament, his advice given to Her Majesty the Queen, was unlawful,” she said.
“His position is untenable and he should have the guts, for once, to do the decent thing and resign.”
Former Prime Minister Sir John Major – one of the sponsors of the prorogation appeal – said it gave him “no pleasure to be pitted against a government and prime minister of my own party”.
“No prime minister must ever treat the monarch or Parliament in this way again.”
What about other politicians?
Mr Johnson was backed by US President Donald Trump at a joint press conference at the United Nations in New York.
“I’ll tell you, I know him well, he’s not going anywhere,” said Mr Trump, after a US reporter quizzed the prime minister on whether he was going to resign.
But reaction at home was far more negative. Scotland’s First Minister, the SNP’s Nicola Sturgeon, said the ruling was the most significant constitutional judgement in her lifetime, and it would be “unthinkable” for Mr Johnson to remain in office.
Wales’ First Minister, Labour’s Mark Drakeford, said the court’s decision had been a “victory for the rule of law” and the PM had “tried to play fast and loose with our constitution”.
In Northern Ireland, the leader of the DUP, Arlene Foster, said the ruling must be respected, while Sinn Fein’s vice president, Michelle O’Neill, said Mr Johnson should resign.
Other figures have taken to Twitter to support the court’s decision, including former Tory minister Amber Rudd, who resigned her post – and the party whip – over the government’s approach to Brexit.
Despite personal assurances from the PM, the Cabinet was not shown the legal advice around this prorogation.
This is an astonishing moment and I regret that the PM, who entered office with such goodwill, went down this route. I urge him to work with Parliament to pass a Deal.
— Amber Rudd (@AmberRuddUK) September 24, 2019
The leader of The Brexit Party, Nigel Farage, said Mr Johnson must, “as a matter of honour”, offer his resignation to MPs in Parliament on Wednesday.
The decision to prorogue Parliament had been a “disaster”, he added, and there must be a general election “before very long because Parliament and the government have ceased to function”.
Former Attorney General Dominic Grieve, who has been an outspoken critic of the suspension, said he was “not surprised” by the judgement because of the “gross misbehaviour by the prime minister”.
He told the BBC’s Victoria Derbyshire programme he was “delighted” the Supreme Court had “stopped this unconstitutional act in its tracks”.
But Tory MP Andrew Bridgen said the court’s decision was “the worst possible outcome for our democracy” and “an absolute disgrace”.
He told the same programme: “What we’ve got is a Parliament that’s completely out of step with sentiment of the country.”
Fellow Tory MP and chairman of the pro-Brexit European Research Group Steve Baker said the ruling was an “earthquake moment”.
He described the Commons as a “rotten Parliament” facing a “crisis”, and called for a general election so a government with a majority could move forward.
What happened before Parliament was suspended?
Prorogation is a power that rests with the Queen, carried out by her on the advice of the prime minister.
And at the end of August – shortly before MPs returned from their summer recess – Mr Johnson called Her Majesty to advise she suspend Parliament between 9 September until 14 October.
MPs had been expecting to be in recess for some of these weeks for their party conferences.
But unlike prorogation, a recess must be agreed by a vote, and a number of MPs said they would have voted against it to ensure they could scrutinise Mr Johnson’s Brexit plans.
The decision to prorogue prompted an uproar from the Commons, especially from MPs who had planned to take control of Parliament to force through a law to block a no-deal Brexit after Mr Johnson said the UK would leave the EU with or without a deal on the Halloween deadline.
Despite only sitting for a week, they did manage to pass that law ahead of prorogation and it received royal assent on 9 September.
Dozens of Palestinians killed in overnight Israeli strikes in central and south Gaza as Red Sea tensions rise.
Here’s how things stand on Monday, January 15, 2024:
Latest updates and human impact
- Israeli attacks continue unabated overnight killing and wounding dozens of civilians in central and southern Gaza. At least 22 people were killed and a large number injured as a result of Israeli forces targeting al-Thalatheni Street in the central Gaza Strip.
- Yemen’s Houthi rebels fired an antiship cruise missile toward an American destroyer in the Red Sea, which was shot down by a US fighter jet, announced US Central Command (CENTCOM) on X.
- This was the first US-acknowledged Houthi attack since the US strikes on Yemen on Friday.
- Hamas released a 37-second video showing three Israeli captives held in Gaza on Sunday, saying they would reveal the fate of the captives on Monday and urging the Israeli government to stop the offensive.
- The Israeli military says it has shifted to a new phase of the war focused on the southern end of Gaza, where almost 2 million internally displaced Palestinians are running out of safe spaces to shelter.
- The Gaza Ministry of Health has said almost 24,000 people have been killed in the Israeli offensive. More than 60,000 people have been wounded in 100 days of war.
Diplomacy
- Israeli Prime Minister Benjamin Netanyahu said on Sunday that his country will pursue its war against Hamas until victory and will not be stopped by anyone, including the International Court of Justice (ICJ).
- The White House said on Sunday that “it’s the right time” for Israel to scale back its military offensive in the Gaza Strip.
- Egypt’s State Information Service (SIS) said in a statement on Sunday that one of the biggest obstacles to the timely delivery of sufficient aid to Gaza was Israeli inspection of the aid. The statement came after Israel blamed Cairo for the delay in aid delivery to Gaza during its defence at the ICJ.
- US Secretary of State Antony Blinken posted on X on Monday, calling for the release of the remaining captives held in Gaza on the 100th day since they were taken by Hamas. He did not mention the Palestinian casualties.
- Australia’s Foreign Minister Penny Wong, who described herself as a “friend of Israel” to the press, will travel to Jordan, Israel, the occupied Palestinian Territories and the United Arab Emirates this week, her office said on Monday.
West Bank raids and violence
- Israeli forces arrested 25 students staging a sit-in in protest against high tuition fees at An-Najah University in Nablus. Al Jazeera’s Hamdah Salhut reported that the protesting students received a text message from Israeli forces telling them to “surrender now”.
- Israeli forces have reportedly raided the family home of Nael al-Barghouti, the longest-serving Palestinian prisoner, in the village of Kobar, in Ramallah, in the occupied West Bank.
- The Israeli army said on Friday that it killed three Palestinian men who infiltrated a West Bank settlement and fired upon soldiers.
- The Israeli military killed two Palestinians after accusing them of ramming their car through a checkpoint near Hebron.
- Local sources reported that Israeli forces bulldozed two Palestinian-owned houses during a Sunday midnight raid in the city of Qalqilya, Palestinian news agency Wafa reported.
- Armed Israeli settlers broke into the village of Burin, south of Nablus, and attacked Palestinian residents’ houses and properties after midnight on Sunday, Wafa reported.
- “Violent raids and arrests have become part of the fabric of daily life in the occupied West Bank,” Al Jazeera’s Mohammed Jamjoom, reporting from Ramallah in the occupied West Bank, said. At least 347 Palestinians have been killed and thousands have been arrested since October 7.
Flames and smoke billow during Israeli attacks against Gaza on October 9, 2023
Human Rights Watch terms Israeli Defence Minister Yoav Gallant’s call for a ‘complete siege’ on Gaza a ‘war crime’.
The Hamas movement has threatened to kill an Israeli hostage every time Israel bombs a Palestinian home without warning as Israel mobilised some 300,000 reservists and imposed a total blockade of the Gaza Strip, denying the enclave’s millions of residents access to food, water and fuel.
The warning from Hamas came on Monday as the death toll from the armed group’s surprise weekend attack climbed to 900 in Israel and revenge attacks by Israeli forces on the besieged Gaza Strip killed more than 700 people and left some 3,700 others wounded.
Residential apartment blocks, hospitals, schools and a mosque have been among the sites attacked by Israeli fighter jets, artillery and drones, according to media reports and witnesses.
Hamas spokesperson Abu Ubaida issued the threat to kill Israelis from the dozens held captive by the armed group. He said an Israeli hostage would be killed for every Israeli bombing of a civilian house without warning.
Israeli Foreign Minister Eli Cohen said more than 100 people were taken captive by Hamas during the deadly cross-border incursion over the weekend.
As Israeli forces conducted intense retaliatory attacks on Gaza on Monday, Israel’s Defence Minister Yoav Gallant drew international condemnation by announcing a total blockade of the densely populated and besieged enclave, which is home to 2.3 million people.
Gallant said Israel would impose a “complete siege” on Gaza. “No electricity, no food, no water, no gas – it’s all closed.”
United Nations Secretary-General Antonio Guterres said he was “deeply distressed” by the siege announcement and warned that Gaza’s already dire humanitarian situation will now “only deteriorate exponentially”.
Guterres also said some 137,000 people were taking shelter with the UN Relief and Works Agency for Palestinian Refugees (UNRWA) at schools across Gaza.
UNRWA said on Tuesday that almost 190,000 people have been displaced in Gaza amid the Israeli attacks and the figure is expected to grow further as the violence intensifies.
Nearly half a million people have also not received food rations this week in Gaza as UN food distribution centres have been forced to remain closed amid the Israeli onslaught, UNRWA said.
Human Rights Watch said Israel’s total blockade on the necessities of life for everyday people in Gaza was a war crime.
“Defense Minister Gallant’s statements are abhorrent,” Omar Shakir, Israel and Palestine director at Human Rights Watch, said in a statement.
“Depriving the population in an occupied territory of food and electricity is collective punishment, which is a war crime, as is using starvation as a weapon of war. The International Criminal Court should take note of this call to commit a war crime,” he said.
Abhorrent. This is a call to commit a war crime by @yoavgallant. The @IntlCrimCourt should take note.
Quote by @OmarSShakir ⤵️ https://t.co/kKVo6YtpI1 pic.twitter.com/neHQMwnXVn
— Human Rights Watch (@hrw) October 9, 2023
Shakir also condemned the threat by Hamas to kill hostages, warning that such action was also a war crime.
“All hostages should be safely released to their families,” he said.
Grotesque. These threatened acts would amount to flagrant war crimes by Hamas’ armed wing. The @IntlCrimCourt will be watching.
Quote from @OmarSShakir ⤵️ https://t.co/FuNtvHe0YG pic.twitter.com/6cnHODLWyZ
— Human Rights Watch (@hrw) October 9, 2023
On the diplomatic front, Egyptian President Abdel Fattah el-Sisi and his Turkish counterpart Recep Tayyip Erdogan called on Hamas and Israel to immediately end violence and protect civilians, the Egyptian presidency said.
Erdogan urged Israel against “indiscriminately” attacking civilians and delivered measured criticism of Hamas, urging both sides to respect the “ethics” of war.
The United Kingdom, French, German, Italian and US governments issued a joint statement on Monday recognising the “legitimate aspirations” of the Palestinian people and supporting equal measures of justice and freedom for Israelis and Palestinians alike.
But the prospect that fighting could spread also alarmed the region and the world.
Lebanese armed group Hezbollah fired rockets into northern Israel in response to at least three of its members being killed in Israeli shelling of Lebanon.
Israel said one of its deputy commanders was also killed in an earlier cross-border raid from Lebanon.
US President Joe Biden holds a bilateral meeting with Israeli Prime Minister Benjamin Netanyahu on the sidelines of the 78th United Nations General Assembly in New York City, the US, September 20, 2023
Social media users, including journalists and observers, are calling out what they call a ‘double standard’.
After Saturday’s surprise attack by the Palestinian group Hamas on Israel, Ukrainian President Volodymyr Zelenskyy took to the social media platform X to offer “condolences go out to everyone who lost relatives or close ones in the terrorist attack”.
He also stated, “Israel’s right to self-defence is unquestionable.”
Many world leaders, including US President Joe Biden and UK Prime Minister Rishi Sunak, shared similar sentiments.
The world is seeing appalling images.
Thousands of rockets raining down on Israeli cities. Hamas terrorists killing not only Israeli soldiers, but civilians on the streets and in their homes.
It’s unconscionable. Israel has a right to defend itself – full stop.
— President Biden (@POTUS) October 7, 2023
European Commission President Ursula von der Leyen stated, “Israel has the right to defend itself – today and in the days to come. The European Union stands with Israel.”
Accusations of Western ‘double standards’
Some social media users have criticised these statements, saying they highlight a double standard.
The world is seeing appalling images.
Thousands of rockets raining down on Israeli cities. Hamas terrorists killing not only Israeli soldiers, but civilians on the streets and in their homes.
It’s unconscionable. Israel has a right to defend itself – full stop.
— President Biden (@POTUS) October 7, 2023
Ukraine’s right to defend itself is praised by most international leaders while Russia’s invasion is condemned, but commentators said the same cannot be said about Israel’s occupation of the West Bank and Gaza.
Aaron Bastani, a leftist British journalist, said on X that there’s a “clear double standard in endorsing terrorism against civilian targets in Ukraine … and condemning it by Palestinians”.
Many users said Western diplomats and media support the Ukrainians who defend their land, but label the Palestinians fighting against Israel as “terrorists”.
https://twitter.com/KhaledBeydoun/status/1710787817415082349?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710787817415082349%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine
An illustration of a woman’s face, in which one eye is closed beside a Palestinian flag, and one eye open beside a Ukrainian flag, has been regularly shared as a symbol of the West’s alleged double standards in how the two conflicts are viewed.
https://twitter.com/OnlinePalEng/status/1710994682883273172?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710994682883273172%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine
Clips also emerged on social media from a CNN interview with Mustafa Barghouti, the general secretary of the Palestinian National Initiative, in which he posed the rhetorical question, “Why does the United States support Ukraine in fighting occupation – while here they support the occupier, who continues to occupy us?”
The hypocrisy and double standards of western governments and media platforms dealing with situations in Ukraine-Russia and Palestine-Israel blow the mind. Absolute disgrace.
— Said Yacoubi (@AlyacoubiSaid) October 8, 2023
It is not the first time Western nations have been accused of double standards in their stance on the Ukraine war.
Earlier in the year, Amnesty International published a report highlighting the West’s “double standards” on global human rights.
Agnes Callamard, Amnesty’s secretary-general, told Al Jazeera at the time that the occupation of Palestinian territory was a “particularly important one”.
“Without making any comparison between Russia’s aggression and Israel … it is clear the Palestinian people are under a regime of oppression – a regime of occupation and a regime of apartheid,” Callamard told Al Jazeera.
Over the last three days, X users recirculated earlier statements calling out what they called Western hypocrisy, sharing video by the Irish lawmaker Richard Boyd Barrett from March 2022 in which he berated the Irish government’s double standards regarding Ukraine and Palestine:
“You’re happy to use the most strong and robust language to describe the crimes against humanity of [Russian President] Vladimir Putin, but you will not use the same strength of language when it comes to describing Israel’s treatment of the Palestinians.”
Barrett on Sunday again called out what he described as “shocking double standards of Western leaders supporting Ukraine resistance but condemning Palestinian[s].”
Meanwhile, others warned against comparing conflicts.
https://twitter.com/denfordauthor/status/1710993737738768607?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710993737738768607%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine
And some cautioned that Hamas and the Palestinians should not be seen as one and the same.
Just to clarify:
Palestine did not mount an attack on Israel. An Iranian proxy militia did. Palestinians are by and large huddled in their homes praying that an Israeli airstrike won't kill them or theirs. Hamas is the culprit here. This isn't a decentralized grassroots thing.
— Romeo Kokriatski (@VagrantJourno) October 9, 2023
Ukrainian footballer Oleksandr Zinchenko, who plays for Arsenal, posted on Instagram, stating he “stands with Israel”.
Zinchenko has been a vocal supporter of his home country in its ongoing defence against Russia, and he participated in a Game4Ukraine charity match in London earlier this year to raise money for Ukraine.
After online backlash, with some questioning an alleged double standard in his support of Israel, the footballer removed the post and switched his social media account to private.
Several people claimed that Zinchenko’s football club, in not responding to his comments, was guilty of hypocrisy after they had distanced themselves from former player Mesut Ozil’s comments in 2019 over alleged human rights abuses against Uighur Muslims in China.
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