A cross party of politicians has launched legal action against Boris Johnson to prevent him from forcing through a no-deal Brexit by suspending parliament.
Legal action is being led by the Good Law Project who are the same team that won at the European Court of Justice in 2018 over whether or not the UK could revoke Article 50.
A group of politicians including the newly elected Jo Swinson for the Lib Dems, Joanna Cherry QC and MP along with Labour MP Jess Philips.
The group has asked the Court of Session in Scotland to lawfully declare that Johnson cannot advise the Queen to shut parliament.
Jolyon Maugham QC the founder of the Good Law Project said, “The fact that so many MPs elected by the people are going to the Court of Session to stop a prime minister selected by members of the Conservative Party from suspending parliament tells you quite how profoundly our politics has declined.”
The legal papers lodged in Scotland states, “Seeking to use the power to prorogue Parliament to avoid further parliamentary participation in the withdrawal of the UK from the EU is both unlawful and unconstitutional.”
Warning that “the exercise of the power of prorogation would have irreversible legal, constitutional and practical implications for the United Kingdom.”
The action is calling for the Scottish court to declare that proroguing parliament before 31 October will be unlawful and unconstitutional.
The challenge adds “The issues raised in this petition clearly concern a live constitutional issue on which there is a real and practical necessity to have the court’s determination as a matter of urgency.”