British Supreme Court rules Johnson's action 'unlawful' - what happens next?

In one of the most significant constitutional law verdicts in decades, the Supreme Court has ruled Prime Minister Boris Johnson unlawfully requested Parliament be suspended, throwing British politics into further turmoil. 

Eleven sitting justices concluded Johnson's request to the Queen - which she by convention doesn't decline - was illegal as it prevented the ability of Parliament to carry out its "constitutional functions without reasonable justification".

While Johnson argued prorogation was required to reset the parliamentary session and allow the Government to lay out a new legislative agenda, his critics said he was purposefully frustrating Parliament's ability to scrutinise his role in securing Brexit, set to happen on October 31.

The Speaker of the British House of Commons has now asked MPs back to Parliament and Opposition leaders are calling for Johnson to resign- something he is refusing to do. 

So what could happen next?

Boris Johnson.
Boris Johnson. Photo credit: Getty.

Johnson prays for a new deal
 

The Prime Minister's most preferred option would be to renegotiate the current Brexit Withdrawal Agreement with the European Union (EU), have that passed by Parliament and get Britain out of the EU.

But the EU is unlikely to budge on negotiating a new deal and you only have to look at Theresa May's experience to know that even if the EU does allow a new agreement, that doesn't mean British politicians will accept it. 

It's still on the table, however, and as the British people continue to madden over the lack of progress by politicians, some in the Labour Party may decide to support a deal, just to get it all over and done with.

May's deal could also be put up again for consideration despite being rejected three times. MPs may suggest attaching a second referendum to it, meaning if it passed the British people would again need to vote in support of leaving the EU.

Theresa May.
Theresa May. Photo credit: Reuters.

Prorogue again
 

While the Supreme Court has ruled Johnson's previous request was unlawful, the embattled Prime Minister could flip the bird at his critics and simply ask for prorogation again. 

With a Queen's Speech - which happens at the start of each sitting session - scheduled for October 14, prorogation would be required sometime before then if that was still to happen. The suspension of Parliament for a short time is also common in September when political parties often have their conferences. 

According to ITV News, the Supreme Court ruled that only four to six suspended Parliamentary days are needed to make preparations for the Queen's Speech- much shorter than the five weeks Johnson previously secured.

That suggests the Supreme Court would accept prorogation was necessary if it happened after October 4. 

While highly unlikely, Johnson could request suspension before October 4, but that would give further weight to his opponents' argument that he is trying to limit Parliament's power to keep him in check. 

It would also mean putting the Queen in a very tricky position as she would have to approve it, knowing the Supreme Court's ruling.

Queen Elizabeth.
Queen Elizabeth. Photo credit: AAP.

Push for an election
 

Johnson's previous two attempts at securing a snap-election have both failed, with the Prime Minister requiring two-thirds of the House of Commons to support the motion.

Having an election would have allowed Johnson to purge Conservative Party-leaning seats of former Conservative Party members - now independents - who have left the party in disagreement over the Government's Brexit agenda.

He could then install loyalists who support him and would give him a majority in Parliament to push through a no-deal Brexit or any renegotiated deal.

Labour is refusing to support an election until Johnson extends Brexit past October 31. Johnson won't do that after basing his entire campaign for the Conservative Party leadership on getting Britain out of the European Union by Halloween.

Johnson could effectively put forward the motion again and see if Labour budges. Jeremy Corbyn's party has been caught in its own civil war over its Brexit strategy, and some MPs may want an election in the hope to forces the party to solidify its position.

Labour rejecting a snap-election provides some positive publicity for Johnson as he would be able to relay the line that Corbyn doesn't trust the people to vote Labour into power.

A vote of no confidence in Johnson is also unlikely, as it would lead to an election.

Jeremy Corbyn.
Jeremy Corbyn. Photo credit: Getty.

Extension
 

While Johnson refuses to ask the European Union for a Brexit extension, by law, if he does not have a new deal in place by October 19 - or somehow miraculously convinces Parliament to back a no-deal Brexit - he must ask for an extension.

The Prime Minister has refused to say what he would do if put in that position, but he has been urged to break the law by some supporters and ignore the requirement to extend. 

What happens after then is anyone's guess. 

Johnson may be imprisoned and a successor could succumb to pressure and ask for the extension or Brexit could be cancelled entirely. Both are at the extremes.

Newshub.