Politics
2019.09.23 07:28 GMT+8

What could judges rule in UK parliament controversy?

Updated 2019.09.24 10:25 GMT+8
By John Goodrich

The United Kingdom's Supreme Court is expected to rule in the coming days on the government's decision to suspend parliament for five weeks.

Eleven of the court's 12 judges have heard appeals to two separate challenges, and must now decide whether Prime Minister Boris Johnson's move to suspend parliament until October 14 was lawful. The case is a test of the prime minister's powers, as well as those of the courts.

Read more: 
Verdict on PM's parliament suspension due 

Opponents argue that the lengthy suspension was a political tactic to frustrate debate on Brexit, while the government insists it was a perfectly legal move to set out its agenda before the Queen's speech. Here are the decisions the court could come to in the unprecedented case:

Gina Miller leaves the UK Supreme Court in London on the final day of the three-day appeal hearing over the claim that British Prime Minister acted unlawfully in advising the Queen to suspend parliament for five weeks in order to prevent MPs from debating the Brexit crisis, September 19, 2019. /VCG Photo

1. Not our job

The court could rule the decision was political and not a matter for the courts. The government would essentially win and parliament would remain suspended until October 14.

This would be similar to the England High Court's decision: The issue is political, not legal. However, this will risk setting an uncomfortable precedent for the Supreme Court. What would happen if a future government suspended parliament for a year?

2. Our job, but lawful

The court could rule the suspension was lawful and parliament would remain suspended until October 14.

3. Our job, unlawful, recall parliament

The court could rule that the suspension is unlawful and demand parliament is recalled – a move that would pit the highest court in the land against the government.

What happens next would depend on the wording of the ruling. The government has, the BBC reported, suggested it could follow one of three options: Johnson could request a second suspension from the Queen; parliament could remain in session as if it had never been suspended; Johnson could recall parliament before October 14.

The government could also do nothing, and leave matters up to the Speakers of the House and Lords. If the court ruled that Johnson had misled the Queen, for example, it would set off a major row and lead to calls for the prime minister's resignation.

4. Something else

The case is unprecedented, so the judges may have something else up their sleeves.

(Cover: Pedestrians pass the Supreme Court in London, UK, September 19, 2019. /VCG Photo)

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