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Brought to account: prorogation of Parliament and judicial review

Can the lawfulness of the prime minister’s advice to the Queen be challenged in the courts? Michael Conlon QC (Temple Tax Chambers) reviews the Supreme Court's ground-breaking judgment.

In the appeals of R (on the application of Miller) v The Prime Minister; Cherry and others v Advocate General for Scotland [2019] UKSC 41 the Supreme Court heard two appeals: one from the High Court of England and Wales; the other from the Inner House of the Court of Session in Scotland. Both concerned claims for judicial review of the decision to prorogue Parliament for a period of five weeks until 14 October 2019. As the court observed the circumstances were quite exceptional given that the government is committed to the UK leaving the EU by 31 October 2019 but as yet no withdrawal deal has been approved. The Court of Session ...

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