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

E814519

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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Statements (47)

Predicate Object
instanceOf United Kingdom constitutional law case ⓘ
court judgment ⓘ
alsoKnownAs Miller (No 2) ⓘ
Miller II ⓘ
Miller v The Prime Minister (2019 prorogation case) ⓘ
R (Miller) v The Prime Minister [2019] UKSC 41 ⓘ
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 ⓘ
country United Kingdom ⓘ
court Supreme Court of the United Kingdom ⓘ
dateDecided 2019-09-24 ⓘ
decisionType unanimous judgment ⓘ
effect Parliament resumed sitting shortly after the judgment ⓘ
Parliament was deemed not to have been prorogued ⓘ
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 ⓘ
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 ⓘ
jurisdiction United Kingdom ⓘ
leadClaimant Gina Miller ⓘ
legalArea constitutional law ⓘ
public law ⓘ
monarchInvolved Elizabeth II ⓘ
numberOfJustices 11 ⓘ
overturned earlier High Court ruling in England and Wales that the issue was non-justiciable ⓘ
presidingJudge Lady Hale ⓘ
Lord Reed ⓘ
primeMinisterInvolved Boris Johnson ⓘ
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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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

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