Tag: Cherry v Advocate General
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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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Alex Green: Our Constitution, Accountability and the Limits of the Power to Prorogue
Constitutions do many things. They distribute authority amongst public bodies, enshrine important points of substantive principle, and cement relationships between rulers and the ruled. However, in a more abstract and fundamental sense, constitutions also tell us something about ourselves as political collectives: they express the kind of polity we embody and the kind of people…
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Simon Lee: The Supremes’ Seventh: Dominant or Diminished?
Seven points about the Supreme Court judgment in Miller II/Cherry are in danger of being missed amidst the political noise. The tone of our reception of the Justices’ seventh paragraph, in particular, could determine whether there is any way of finding constitutional harmony in our democracy. First, Tuesday’s summary of the unanimous, unambiguous, unequivocal and powerful judgment…
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Danny Nicol: Supreme Court Against the People
The chorus that the United Kingdom Supreme Court’s decision on prorogation (R. (on the application of Miller) v The Prime Minister; Cherry and others v. Advocate General for Scotland [2019] UKSC 41) has “nothing to do with Brexit” cannot withstand serious scrutiny. The British electorate’s decision to leave the European Union is the pivot around…
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George Letsas: Non-Justiciability of Prorogation: A Matter of Law and Logic?
The case of Gina Miller v the Prime Minister and Others (‘Miller 2’) is presently being heard by the Supreme Court and the issue of justiciability is central. Some commentators have sought to defend the claimant’s submission that no exercise of a prerogative power is completely immune from judicial review. But the Supreme Court, like…
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The editors: Posts on Miller 2/Cherry
As you can see, the blog has been extremely active recently! Thank you so much to all of you who have sent us posts and made sure that the blog continues to be informative, provocative and up to date in these exciting times. We’ve had so many posts on Miller 2/Cherry that we’ve run out…
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Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation
The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and…
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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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Yossi Nehushtan: Prorogation and Justiciability
The question of justiciability lies at the heart of the judicial response to the legal challenges that were brought against the Prime Minister’s administrative decision to advise the Queen to prorogue Parliament in Miller 2 and Cherry. The judicial reluctance to exercise judicial review regarding the administrative decision to advise the Queen to prorogue Parliament…
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Dean Knight: Reasoning Through Challenges to Prorogation: Cherry and Miller (No 2)
The challenges to the prime minister’s request to the Queen to prorogue Parliament in the face of the fast approaching Brexit deadline have many fascinating dimensions (Cherry v Advocate General [2019] CSIH 49 and R (Miller) v Prime Minister [2019] EWHC 2381 (Miller (No 2)). The question of justiciability has been at the forefront. And…