Britain’s Supreme Court enters Brexit crisis

Demonstrators protest outside the Supreme Court in central London on Tuesday, the first day of the hearing into the decision by the government to prorogue parliament. -AFP 

LONDON (AFP): Britain’s Supreme Court began considering legal challenges Tuesday to Prime Minister Boris Johnson’s controversial decision to suspend Parliament for over a month, as the country’s political crisis over Brexit intensifies.

The court started hearing three days of arguments over Johnson’s move to shutter, or prorogue, the House of Commons last week until 14 October – just two weeks before the country is scheduled to leave the European Union.

The politically-charged case, unprecedented in Britain, could lead to parliament being recalled and Johnson’s political hand severely weakened in the run-up to the 31 October departure date.

The appeals revolve around “whether it was lawful for the prime minister to advise Her Majesty to order prorogation,” Supreme Court President Brenda Hale said as she opened proceedings.

“This is a serious and difficult question of law. We are not concerned with the wider political issues. The determination of this legal issue will not determine when and how the UK leaves the EU.” 

At a small demonstration outside, protesters held up placards reading “Defend Democracy”.

One was dressed as the Incredible Hulk – a reference to an analogy made by Johnson between the comic book character and Britain as it prepares to leave the EU.

It is not known when Britain’s highest court will reach a decision.

Johnson told BBC television beforehand that he would “wait and see what the judges say”.

Johnson chaired a cabinet meeting on Tuesday, the day after holding his first face-to-face talks with European Commission chief Jean-Claude Juncker and EU Brexit negotiator Michel Barnier.

Following the meeting in Luxembourg he insisted there remained a “good chance” of striking a new divorce deal – if there was “movement” from the bloc.

But Juncker’s office appeared more pessimistic, saying Britain must “come forward with legally operational solutions” to the existing withdrawal agreement struck by his predecessor Theresa May.

“Such proposals have not yet been made,” it said.

The Supreme Court’s entry into the three-and-a-half year saga stems from Johnson’s “do or die” promise to deliver Brexit on 31 October.

He suspended parliament for five weeks in what his critics say was a blatant bid to keep his pro-European opponents from trying to get it further postponed.

The Supreme Court has called in the maximum 11 of its 12 judges to hear the case, so that there cannot be a tie.