header-logo header-logo

Prorogation 2019: the government’s case

18 September 2019 / Michael Zander KC
Categories: Features , Brexit , Constitutional law
printer mail-detail
Michael Zander QC on the government’s argument that proroguing Parliament was lawful

The government argues that the Inner House of the Court of Session was wrong in holding ([2019] CSIH 49) that the prorogation of Parliament was unlawful and that the Divisional Court was correct in holding ([2019] EWHC 2381 (QB), [2019] All ER (D) 24 (Sep)) that it was lawful. The government’s oral argument is being divided between Lord Keen QC, the Advocate General for Scotland, and Sir James Eadie QC for the Attorney General. However, they presented a joint written case.

The government’s written case advances several different propositions.

Not justiciable

The authorities established that the exercise of some powers, both statutory and prerogative, were non-justiciable. Whether the exercise of a power was reviewable by the courts depended on its subject matter (‘the paradigmatic examples are decisions of high policy in defence and foreign affairs and domestic politics’ (para 56)). The reason in some contexts was the inability of the courts ‘to apply judicial or manageable standards

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll