header-logo header-logo

17 October 2019 / Nicholas Dobson
Issue: 7860 / Categories: Features , Brexit , Constitutional law
printer mail-detail

The prorogation judgment —a step too far?

9387
Nicholas Dobson shares his analysis of the recent Supreme Court prorogation decision—right but wrong?

Whatever your view of the controversial decision of the Supreme Court on 24 September 2019 in R (Miller) v The Prime Minister; Cherry and others v Advocate General for Scotland [2019] UKSC 41, it is undoubtedly correct in every minute particular. That is, of course, despite the criticism of many respected constitutional and other lawyers including Professor John Finnis FBA QC (Hon), Professor Emeritus of Law & Legal Philosophy in the University of Oxford). He considered the judgment to have been ‘a misconceived review’, an ‘historic mistake’, ‘wholly unjustified by law’ and one which has caused ‘damage . . .to our constitutional doctrine and settlement’ (see The unconstitutionality of the Supreme Court’s prorogation judgment, Policy Exchange 2019).

But why the decision is completely correct is clear from the title of the determining body. For this is, of course, the Supreme Court, whose judgment on the issue is definitive. And it was a strong decision

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
Financial protections for domestic abuse victims would be strengthened and cohabiting couples be given inheritance and separation rights, under historic government proposals
Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
back-to-top-scroll