The highest court in the UK is ready to rule on the legality of the decision Boris Johnson to adjourn Parliament for five weeks.
Ministers claim that suspension or prorogation is not a matter for the court, but critics say it intended to limit control of the prime minister's Brexit plans.
If the decision ̵
The Government stated that it would "comply with the Supreme Court's decision".
But Mr Johnson – who is in New York for the United Nations Climate Conference – refused to rule out a request for a prorogation of Parliament for a second time if the decision goes against it.
Asked if he would resign if the Supreme Court ruled against him, Mr Johnson told the BBC: "I will wait and see what the decision is," adding that the government "fully respects the law and fully respects it. Judicial ".
Parliament is currently due to return on 14 October, with the United Kingdom leaving the EU on 31 October.
- What Happened to the Supreme Court?
- How did the government stop Parliament?
The three-day Supreme Court hearing heard two complaints – one by campaigner and businesswoman Gina Miller, the second by the government.
Mrs Miller appealed against the decision of the English Supreme Court that the prorogation was "purely political" and not a matter for the courts.
The Government appealed to the Court of Justice's decision in the Sessions in Scotland that the prorogation was "illegal" and had been used to "stimulate" Parliament.
The challenge in a Scottish court was raised by an inter-party group of MPs and peers led by Joanne Cherry of the SNP.
During the Supreme Court case, Lord Kean QC stated that it was "forbidden territory" for judges to interfere with political arguments about when and how Parliament was terminated.
However, Lord Pannik QC, representing Mrs Miller, disputes. the "extreme duration" of the prorogation was "strong evidence" that the prime minister's motive was to "silence parliament", which he sees as an obstacle to his political goals.
Mr Johnson said he prophesied Parliament to hold a new speech by the Queen on October 14 to outline the government's legislative plans for the coming year.
However, the timing is controversial as it reduces the time when Parliament meets before the Brexit deadline, with MPs unable to question ministers or consider government legislation during suspension.
What can happen next?
The Supreme Court will first determine whether the prorogation is a matter for the courts – and if so, whether Mr Johnson's decision to prophesy is legitimate.
If the government wins, then nothing changes – Parliament remains suspended until 14 October.
But things can get complicated if the judges decide that Mr. Johnson acted unlawfully.
In documents presented to the court, the government says it could see three options if the court rules against it – and in some scenarios, it may suspend Parliament from the beginning.
- The court may order this suspension illegally, but their reasons may leave open the possibility of Parliament's prorogation for a different period of time in a different legal way.
- before October 14th. Mr Johnson's lawyers said he would comply, but this would require "extensive arrangements" to make a new speech to the Queen and prepare for the ceremonial State Opening of Parliament
- Judges may announce suspension unlawful, which means that Parliament will remit in session as if it has never stopped. The Government Said It Can Still Consider Suspending It Again
But Lord Panick said that all the judges should do was declare the suspension illegal. The Prime Minister will not have to take any action and the speakers of the municipalities and the Lords can decide how to proceed.