U.K. top court to rule next week on Parliament shutdown

LONDON -- British Prime Minister Boris Johnson was accused by one of the country's former leaders of obstructing Parliament by shutting down the legislature for five weeks, as a landmark legal challenge to the suspension wrapped up Thursday at the U.K. Supreme Court.

But a government lawyer warned the country's most senior judges, who will rule next week on whether the prime minister broke the law, not to enter a "minefield" by meddling in political decisions.

Meanwhile, the European Union and Britain announced new talks on an elusive Brexit divorce deal -- even as they squabbled over whether the U.K had brought any new ideas to the table.

The top court must decide whether Johnson acted illegally by sending lawmakers home just weeks before the country is due to leave the European Union on Oct. 31. At the end of a three-day hearing the court's president, Brenda Hale, said the 11 judges would give their ruling early next week.

Opponents of the government claim Johnson unlawfully shut Parliament until Oct. 14 to prevent lawmakers from scrutinizing his plan to take Britain out of the bloc at the end of next month, with or without a divorce deal. They also accuse the prime minister of misleading Queen Elizabeth II, whose formal approval was needed to suspend the legislature.

"The remedy that we seek is a declaration that the prime minister's advice to Her Majesty was unlawful," said David Pannick, lawyer for one of the campaigners challenging the government.

The challengers are being backed by John Major, who was Britain's prime minister between 1990 and 1997 -- and, like Johnson, is a Conservative.

In a written submission, Major said Johnson had not provided a sworn statement explaining the reasons for suspending Parliament, and argued "his failure or refusal to do so is conspicuous."

Major said the inescapable conclusion was "the decision was in fact substantially motivated by a desire to obstruct Parliament from interfering with the prime minister's plans."

The government contended the suspension is routine and not motivated by Brexit and argued judges should not interfere in political decisions for fear of upsetting the delicate balance of powers between legislature, executive and judiciary in Britain's largely unwritten constitution.

Government lawyer Richard Keen said the prime minister's opponents were "inviting the courts into forbidden territory and into what is essentially a minefield."

Hale, the country's most senior judge, agreed "none of this is easy."

She said the court would give its answer "as soon as it humanly can" and was aiming for early next week.

The case has drawn intense interest, with millions watching the Supreme Court's livestream as lawyers cited case law and precedent stretching back to the 17th century. Rival pro-EU and pro-Brexit demonstrators gathered daily outside the courthouse on London's Parliament Square.

Although it has become a Brexit flashpoint, Hale stressed "this case is not about when and on what terms the United Kingdom leaves the European Union."

"The result of this case will not determine that," she said. "We are solely concerned with the lawfulness of the prime minister's decision to advise Her Majesty to prorogue Parliament on the dates in question."

If the court rules the suspension was illegal, Johnson could be forced to call lawmakers back to Parliament immediately.

It's not clear what they would do there, since there is no business scheduled. But lawmakers could use the time to pass new laws aimed at directing the course of Brexit. It already did so just before it was suspended, legislating the government must seek a three-month delay of Brexit if it can't get a divorce deal by late October.

Johnson says he will not seek a delay under any circumstances, though it's not clear how he could avoid it.

The government could also start the new session of Parliament -- currently scheduled to begin Oct. 14 -- earlier than planned. It also has not ruled out trying to suspend Parliament for a second time.

Asked about the case on Thursday, Johnson said "I have the greatest respect for the judiciary in this country."

"I will wait to see what transpires," he said.