Boris Johnson’s Supreme Court defeat hailed as ‘huge victory’ for rule of law and democracy

Panel of 11 justices unanimously found the suspension of parliament was ‘unlawful, void and to no effect’

Boris Johnson’s historic defeat at the hands of the Supreme Court justices has been described as a “huge victory for the rule of law and for democracy”.

In a seismic blow to the prime minister’s authority, a panel of 11 justices unanimously found his five-week suspension of parliament was “unlawful, void and to no effect”, and said MPs and peers could return to work immediately.

Following the legal bombshell, Speaker John Bercow announced the House of Commons would sit on Wednesday and signalled he would allow opposition parties to drag ministers before parliament to face questions.

In an extraordinary day in British politics:

* Mr Johnson was forced to abandon a key diplomatic trip to the UN and fly back overnight amid calls for his resignation;

* Geoffrey Cox, the attorney general, was told to “consider his position” after it emerged he had advised the PM that prorogation was lawful;

* Nigel Farage said prorogation was the “worst political decision ever” and called for the resignation of the PM’s chief adviser Dominic Cummings;

* Jeremy Corbyn rushed forward his keynote Labour conference speech as MPs scrambled to make it back to parliament; and

* Donald Trump waded into the row, saying it would be “terrible” if Mr Johnson’s Brexit plan was blocked.

The prime minister’s carefully planned trip to the UN General Assembly in New York was blown apart by the Supreme Court’s shock announcement on Tuesday morning that his suspension of parliament was unlawful.

The court’s president Lady Hale said the government’s advice to the Queen was unlawful because “it had the effect of frustrating or preventing the ability of parliament to carry out its constitutional functions without reasonable justification”.

The judges dismissed the government’s argument that the suspension of parliament was a routine step to allow the preparation of new laws ahead of the Queen’s Speech on 14 October.

Lady Hale said: “This was not a normal prorogation. It prevented parliament from carrying out its constitutional role for five out of the possible eight weeks between the end of the summer recess and exit day on 31 October.”

She said the effect of the decision “upon the fundamentals of our democracy was extreme”.

Downing Street said the prime minister would not resign in the wake of the ruling.

Responding to the news, the prime minister told reporters in New York: “We respect the judiciary in our country, we respect the court.

“I disagree profoundly with what they had to say. I think it was entirely right to go ahead with a plan for a Queen’s Speech.

“Frankly we need to get on with Brexit. Whether they voted to Leave or Remain they want to get this thing done by 31 October and that’s what we’re going to do.”

The ruling triggered a wave of outrage, with immediate calls for Mr Johnson’s resignation.

SNP MP Joanna Cherry, who led the legal challenge in the Scottish courts, said it was “a huge victory for the rule of law and for democracy” and called on Mr Johnson to quit.

She said: “There is nothing to stop us members of parliament, such as myself and my colleagues, from resuming immediately the important job of scrutinising this minority Tory government as we hurtle towards Brexit.”

Mr Corbyn reacted immediately to the ruling from the podium at his party’s conference, saying it revealed Mr Johnson’s “contempt for democracy” and his “abuse of power”.

“I invite Boris Johnson in the historic words to consider his position and become the shortest-serving prime minister there’s ever been,” he said.

Liberal Democrat leader Jo Swinson said: “The court have found what we all knew all along – Boris Johnson has again proven he is not fit to be prime minister.

“This shutdown was an unlawful act designed to stop parliament doing its job and holding the government to account.”

Ex-Tory prime minister Sir John Major, who supported the legal case brought by Gina Miller, said Mr Johnson should make an “unreserved apology”.

“I hope this ruling from the Supreme Court will deter any future prime minister from attempting to shut down parliament, with the effect of stifling proper scrutiny and debate, when its sitting is so plainly in the national interest,” he said.

Meanwhile, Mr Farage, the Brexit Party leader, led calls for the sacking of Mr Cummings, who is widely regarded as the brains behind the prorogation plan.

Former cabinet minister David Gauke, who lost the Tory whip after rebelling over Brexit, said: “I think he needs a change of strategy and I think he needs a change of strategist.”