UK Supreme Court ruling on prorogation (Miller II, September 2019)

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The UK Supreme Court ruling on prorogation (Miller II, September 2019) was a landmark judgment that unanimously found Prime Minister Boris Johnson’s advice to suspend Parliament unlawful, reinforcing parliamentary sovereignty and constitutional limits on executive power.

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Predicate Object
instanceOf United Kingdom constitutional law case
court judgment
alsoKnownAs Miller (No 2) NERFINISHED
Miller II NERFINISHED
Miller v The Prime Minister (2019 prorogation case) NERFINISHED
R (Miller) v The Prime Minister [2019] UKSC 41 NERFINISHED
citation [2019] UKSC 41
clarified constitutional limits on the royal prerogative
that prerogative powers are subject to legal limits
concerns advice of the Prime Minister to the monarch
suspension of the UK Parliament in 2019
context 2019 attempt to prorogue Parliament for five weeks before Brexit deadline
Brexit NERFINISHED
country United Kingdom
court Supreme Court of the United Kingdom NERFINISHED
dateDecided 2019-09-24
decisionType unanimous judgment
effect Parliament resumed sitting shortly after the judgment
Parliament was deemed not to have been prorogued NERFINISHED
found Prime Minister’s advice to prorogue Parliament was unlawful
the prorogation of Parliament was null and of no effect
fullCaseName R (on the application of Miller) v The Prime Minister and Cherry v Advocate General for Scotland NERFINISHED
holding courts can review the lawfulness of prorogation
prorogation that frustrates or prevents Parliament from carrying out its constitutional functions without reasonable justification is unlawful
joinedCase Cherry v Advocate General for Scotland NERFINISHED
jurisdiction United Kingdom
leadClaimant Gina Miller NERFINISHED
legalArea constitutional law
public law
monarchInvolved Elizabeth II NERFINISHED
numberOfJustices 11
overturned earlier High Court ruling in England and Wales that the issue was non-justiciable
presidingJudge Lady Hale NERFINISHED
Lord Reed NERFINISHED
primeMinisterInvolved Boris Johnson NERFINISHED
reinforcedPrinciple parliamentary accountability of the executive
parliamentary sovereignty
rule of law
significance landmark case on the reviewability of prerogative powers
major precedent on the relationship between Parliament and the executive in the UK constitution
subjectMatter constitutional limits on executive power
justiciability of prerogative powers
limits of prerogative powers
parliamentary sovereignty
prorogation of Parliament
upheld Inner House of the Court of Session decision that the prorogation was unlawful
yearDecided 2019

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UK Parliament 2017–2019 keyEvent UK Supreme Court ruling on prorogation (Miller II, September 2019)