The unconstitutionality of the Supreme Court’s prorogation judgment

Sep 28, 2019

The Supreme Court’s judgment in Miller/Cherry [2019] UKSC 41 holds that Parliamentary sovereignty needs to be judicially protected against the power of the Government to prorogue Parliament. But the Judgment itself undercuts the genuine sovereignty of Parliament by evading a statutory prohibition – art. 9 of the Bill of Rights 1689 – on judicial questioning of proceedings in Parliament.  This paper shows that the Judgment was wholly unjustified by law.  It wrongly transfers the conventions about prorogation into the domain of justiciable law .  The Judgment is an inept foray into high politics and should be recognised as a historic mistake, not a victory for fundamental principle.

Latest Tweets

NEW REPORT: From our History Matters Project, this report identifies and puts forward a set of key overarching principles by which proposals to re-interpret our history should be assessed. By @TrevorPTweets policyexchange.org.u…