Tag: Article 9 of the Bill of Rights 1689
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Anne Twomey: Article 9 of the Bill of Rights 1688 and Its Application to Prorogation
In the wake of Miller (No 2), it has been contended in the media that prorogation ‘has always been treated as a “proceeding in Parliament”’ and hence protected from judicial review by article 9 of the Bill of Rights 1688. The allegation is that in Miller (No 2), the Supreme Court overturned over 300 years…
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Jack Simson Caird: The Supreme Court and Parliament: The Constitutional Status of Checks and Balances
There have been two competing visions of the constitution battling it out since the Brexit referendum in 2016, which David Howarth described on this blog as the Whitehall view and the Westminster view. The Whitehall view is that the UK constitution, and the relationship between Parliament and Government in particular, is designed to allow the…
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Sam Fowles: Cherry/Miller: What’s Next?
Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of…
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Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty
The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive…
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Robert Craig: The Peter Hain Case: The Effect of Article IX
Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one of the cardinal rules in Parliament that members should not interfere in ongoing legal proceedings and Hain did not wait until the end of the…
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Jelena Gligorijevic: Breaching Injunctions in Parliament: An Unconstitutional Abuse of Parliamentary Privilege
Two days after the Court of Appeal granted an interim injunction restraining reportage of harassment allegations against a high-profile businessman (ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329), Lord Hain named the individual involved, in the House of Lords under parliamentary privilege. This enabled the media to identify him in their reporting on…