September 16, 2019

Parliamentary Sovereignty and the Politics of Prorogation

This paper addresses the question of whether the Supreme Court should rule that the Government’s advice to Her Majesty to prorogue Parliament was unlawful. It argues that the prerogative power to prorogue Parliament is not subject to judicial control. Proroguing Parliament does not flout parliamentary sovereignty; the exercise of the prerogative should be challenged by political action not litigation.


Richard Ekins

Head of the Judicial Power Project

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