Britain's Supreme Court has ruled Prime Minister Boris Johnson's five-week suspension of Parliament was unlawful, prompting the Speaker to send MPs back to work.

Key points: The Supreme Court decision was unanimous

The Supreme Court decision was unanimous Speaker John Bercow has instructed the Lower House to convene on Wednesday

Speaker John Bercow has instructed the Lower House to convene on Wednesday Boris Johnson says he disagrees with the court ruling and will not resign

Eleven judges of the Supreme Court considered the matter over the past week, after the Court of Session in Scotland ruled the suspension was illegal, but the High Court in London ruled it was not a matter for the court.

On Tuesday (AEST), Lady Hale of the Supreme Court announced the judges unanimously had ruled Mr Johnson's suspension of Parliament was illegal.

She added it "was not a normal prorogation" and it was unlawful "because it had the effect of frustrating or preventing the ability of Parliament of carrying out its function".

Mr Johnson has refused to say whether he would seek to shut down Parliament again. ( Reuters: Henry Nicholls )

The resumption of Parliament is "for Parliament, and in particular the Speaker and the Lord Speaker to decide what to do next", Lady Hale said in handing down the ruling.

Shortly after, Speaker of the House of Commons John Bercow announced he had instructed the Lower House to sit on Wednesday (local time).

"I welcome the Supreme Court's judgment that the prorogation of Parliament was unlawful," Mr Bercow said.

"In reaching their conclusion, they have vindicated the right and duty of Parliament to meet at this crucial time to scrutinise the executive and hold ministers to account.

"As the embodiment of our parliamentary democracy, the House of Commons must convene without delay. To this end, I will now consult the party leaders as a matter of urgency."

"I have instructed the House authorities to prepare not for the recall — the prorogation was unlawful and is void — to prepare for the resumption of the business of the House of Commons," he told reporters.

"Specifically, I've instructed the House authorities to undertake such steps as are necessary to ensure that the House of Commons sits tomorrow and that it does so at 11.30am (local time)," he added.

Mr Bercow said the regular Wednesday session of Prime Minister's Questions would not take place.

Mr Johnson had earlier this month advised the Queen to suspend Parliament for five weeks. ( Reuters: Victoria Jones )

"However, for the avoidance of doubt, there will be full scope for urgent questions, for ministerial statements and for applications for emergency debates," he added.

Speaking in New York on Tuesday (local time), Mr Johnson said he strongly disagreed with the court's ruling.

The Prime Minister added the Government would respect the decision — but he indicated he could try to suspend Parliament again.

"I strongly disagree with what the justices have found," he said.

"I don't think that it's right but we will go ahead and of course Parliament will come back."

He added: "I do think there's a good case for getting on with a Queen's speech anyway and we will do that."

The Queen's speech outlines the Government's plan for the coming session of Parliament.

Calls for Johnson to quit

The landmark court decision immediately prompted calls for Mr Johnson to quit.

The Prime Minister's office said Mr Johnson would not resign, adding he would return to the UK earlier than planned on Wednesday.

Labour Party leader Jeremy Corbyn said the court's decision showed the Prime Minister had acted incorrectly, before calling on Mr Johnson to consider his position and call a new election.

To cheers and chants of "Johnson out!", Mr Corbyn said the Prime Minister should become the shortest-ever serving leader and that Labour was ready to form a government.

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 34 seconds 34 s Jeremy Corbyn called for Mr Johnson to "consider his position".

"I invite Boris Johnson, in the historic words, to 'consider his position'," Mr Corbyn told delegates at the Labour Party's annual conference in Brighton, East Sussex.



"His position is untenable and he should have the guts for once to do the decent thing and resign," Scottish National Party MP Joanna Cherry said outside the court.

Party leader Nicola Sturgeon described the ruling as "the most significant and historical constitutional court ruling that we've had in all of our lifetimes".

"Boris Johnson should resign," she said.

"This is a Prime Minister who has been found by the UK Supreme Court to have acted unlawfully, seeking to evade scrutiny without good reason.

The Prime Minister is facing cross-party calls for resignation. ( Reuters: Henry Nicholls )

"If the Prime Minister isn't prepared to do the decent and honourable thing in tendering his resignation, then I think Parliament should quickly come together to force this Prime Minister from office," she added.

And Jo Swinson, the leader of the Liberal Democrats, said: "Boris Johnson isn't fit to be Prime Minister.

"He's misled Queen and country, and unlawfully silenced the people's representatives. I'm on my way to resume my duties in the Commons and stop Brexit altogether."

London Mayor Sadiq Khan echoed this sentiment, writing on Twitter: "We now know Boris Johnson misled the British public, Parliament, the Queen and the courts about the true reason he was closing down Parliament.

"Parliament must now be immediately recalled so that MPs can get on with the job of holding this undemocratic Government to account."

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Brexit Party leader Nigel Farage also took to the social media platform, where he described Mr Johnson's decision to suspend Parliament as "the worst political decision ever", and called for the Prime Minister's chief adviser to quit.

Outside the court, Gina Miller, the businesswoman who brought the case in the English court, said: "The ruling today speaks volumes. This Prime Minister must open doors of Parliament tomorrow.

"The MPs must be brave and bold in holding this Government to account."

Campaigner Gina Miller urged MPs to return to work "immediately". ( Reuters: Henry Nicholls )

Ms Miller added that as a result of Tuesday's decision, "Parliament is open — it was never prorogued. I urge MPs to get back to work immediately".

Meanwhile, Conservative MP Tom Tugendhat tweeted a picture of himself in the House of Commons to say he had already returned shortly after the court ruling.

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Move to prorogue Parliament came at crucial time

The case revolved around whether Mr Johnson acted lawfully when earlier this month he advised the Queen to suspend Parliament for five weeks to October 14 — a crucial time before the October 31 Brexit deadline, when Britain is scheduled to leave the European Union (EU).

The British Government had said the decision to suspend Parliament was routine and not related to Brexit, and that under Britain's unwritten constitution, it was a matter for politicians, not courts, to decide.

But the Government's opponents argued Mr Johnson illegally shut down Parliament for the "improper purpose" of dodging politicians' scrutiny of his Brexit plans.

They also accused Mr Johnson of misleading the Queen, whose formal approval was needed to suspend the legislature.

Mr Johnson and Parliament have been at odds since he took power in July with the determination to take Britain out of the EU on October 31 with or without a divorce deal in place.

Parliament has passed a law requiring him to formally seek an extension if no deal is reached by mid-October, but Mr Johnson has said he will not do that under any circumstances, setting the stage for future confrontations.

Regarding the court ruling, the European Commission said it would not comment on "internal constitutional matters".

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