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The parliamentary authorities have taken the view that because the Supreme Court has quashed the prorogation of Parliament, everything else done by the Royal Commission in the morning of 10 September has been quashed as well. Accordingly, both the Speaker of the House of Commons and the Lord Speaker have indicated that Royal Assent for the Restoration and Renewal Bill would need to be signified again. This paper argues that the Speakers have wrongly understood the Supreme Court’s judgment in this respect.
The Supreme Court’s judgment in Miller/Cherry  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 was wholly unjustified by law.
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.
With the rhetoric inside the House of Commons ratcheted up to fever pitch this week, it is hardly surprising that protest outside Parliament became equally as chaotic and disruptive.
The policy of Her Majesty’s Government is to leave on 31 October and not to apply for an extension; the House of Commons does not support this policy, which is the central policy of this Government, but the House has nonetheless held back from formally withdrawing its confidence in the Government
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Senior parliamentarians have asserted that the Northern Ireland (Executive Formation etc) Act 2019 was enacted to prevent prorogation of Parliament in the autumn. This understanding of the Act’s legal effect was very widely reported. Closer analysis suggests that the true position is otherwise.
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