header-logo header-logo

27 August 2019 / Michael Zander KC
Categories: Features , Brexit , Constitutional law
printer mail-detail

Is proroguing of Parliament foul play?

Michael Zander reacts to the announcement that Parliament is to be prorogued on 10 September

There are two ways that a parliamentary session can be brought to an end—dissolution followed by a General Election or prorogation by the Crown. (“Just as Parliament can commence its deliberations only at the time appointed by the Queen, so it cannot continue them any longer than she pleases.” (Erskine May, 2019, p165))

Dissolution is controlled by the provisions of the Fixed-term Parliaments Act 2011 which provides that the period of a Parliament between general elections is five years unless  at least two-thirds of MPs vote for an earlier dissolution or the government loses a vote of confidence.

Erskine May defines a session as “the period of time between the meeting of a Parliament, whether after a prorogation or dissolution, and its prorogation” (2019, p164). The 2011 Act says nothing about the length of sessions.

Sessions are of an indeterminate length. Prior to the 2011 Act, sessions generally ran from October

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll