LONDON: Britain's Supreme Court opened proceedings Tuesday to decide whether Prime Minister Boris Johnson broke the law when he suspended Parliament just weeks before the UK is due to leave the European Union, in a case that pits the powers of elected lawmakers against those of the executive.
Johnson sent lawmakers home from September 9 until October 14, which is barely two weeks before the scheduled Brexit day of October 31.
The decision outraged many lawmakers, who say it's designed to prevent them from challenging his plan to take Britain out of the EU next month, with or without a divorce deal.
The suspension sparked legal challenges, to which lower courts have given contradictory rulings.
England's High Court said the suspension was a political rather than legal matter, but Scottish court judges ruled last week that Johnson acted illegally to avoid democratic scrutiny.
The UK's top court is being asked to decide who was right, in a case scheduled to last up to three days.
Johnson says the suspension is routine, and will allow his government to launch its domestic agenda with a new session of Parliament.
Government lawyers argue in a written submission that the issue is "intrinsically one of high policy and politics, not law.
" "There are no judicial or manageable standards by reference to which the courts could assess the lawfulness of ministerial decisions," they argue.
Opponents, who include opposition lawmakers and transparency campaigner Gina Miller, accuse the government of an illegal abuse of power designed to sideline lawmakers.
In a written submission to court, Miller's lawyers argue that Johnson had "sought to frustrate" Parliament.
"The evidence shows that the prime minister, at best, improperly regards Parliament as an irrelevance," and at worst a handicap to his plans, they said.
The Supreme Court must decide two questions: Is this a matter for the courts; and, if so, did the government break the law? The court is due to hear Tuesday from lawyers for Miller and the government.
There will be submissions later from the governments of Scotland and Wales and former Prime Minister John Major all supporting the challenges to the government and from a Northern Ireland campaigner who argues a no-deal Brexit would endanger the peace process there.
Johnson hasn't said what he will do if the judges rule the suspension illegal.
He told the BBC he would "wait and see what they say."
The case is the latest twist in a Brexit saga that has divided British politicians and the public for more than three years, since the country narrowly voted in 2016 to leave the EU.
Protesters with signs reading "reopen Parliament" and "defend our democracy" stood silently outside the courthouse across from the Houses of Parliament before the case opened, alongside a performer painted green and wearing a blond wig who called himself "The Incredible Sulk."
Johnson told a newspaper over the weekend that the U.K. would break free of the EU "like the Hulk."
The prime minister insists Britain must leave the EU on Oct. 31 with or without a divorce agreement, though he says he believes there is time to strike a deal with the bloc in time for an orderly departure.
But the EU says Britain has yet to offer any "legally operational" solutions to the problem of keeping goods and people flowing freely across the Irish border, the main roadblock to a deal.
The leader of the European Parliament's biggest party group said Tuesday that "no progress" was being made in Brexit talks.
Manfred Weber, who heads the center-right European People's Party bloc, said in Strasbourg that "there is no proposal from the British side on the table."