header-logo header-logo

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

Is proroguing of Parliament foul play? (Pt 2)

Could a legal challenge to the proroguing of Parliament succeed? Michael Zander considers the arguments

In June, Lord Pannick QC wrote a column under the heading: ‘If Johnson tries to use Queen [sic] as Brexit pawn he will be thwarted’ (The Times, June 27 2019). He quickly dismissed any suggestion that a court would annul the Queen’s decision to prorogue parliament. (‘The courts would not entertain a challenge to a personal decision by the Queen, because she, the head of the UK’s constitutional structure, is immune from legal process.’)  A successful challenge, he suggested, however, could be brought on the legality of the advice on prorogation given to the Queen by the prime minister.

There were three matters that could lead a court to hold that a fundamental legal principle justifying judicial review had been breached.

  • First, ‘the prime minister would be seeking to prorogue parliament for the purpose of avoiding parliamentary sovereignty, on an issue of significant constitutional importance’. The trouble with that point
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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll