The Law Reports (Appeal Cases)
[2020] AC 373
Supreme Court
Regina (Miller) v Prime Minister (Lord Advocate and others intervening)
Cherry and others v Advocate General for Scotland (Lord Advocate and others intervening)
[2019] UKSC 41
2019 Sept 17, 18, 19; 24
Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lady Arden, Lord Kitchin, Lord Sales JJSC
Crown— Minister— Exercise of prerogative power— Prime Minister’s decision to advise Crown to prorogue Parliament for five-week period— Prorogation taking effect during period leading up to stipulated date for United Kingdom’s withdrawal from European Union— Terms of withdrawal remaining undecided— Challenge to lawfulness of advice on ground prorogation having effect of limiting scrutiny of executive at time of constitutional change— Whether justiciable— Whether decision outside legal limits of prerogative power— Whether advice to be declared unlawful— Whether prorogation “proceeding in Parliament” so as to preclude additional declaration that prorogation null and of no effect—
Bill of Rights (1688) (1 Will & Mary, sess 2, c 2), art 9