UK Constitutional Law Association
If the phrase “may you live in interesting times” actually has its roots in a curse, then, we constitutional lawyers are indeed cursed. The specific nature of the curse is the malleable nature of constitutional controls designed to protect our institutions from the whims of executive action. At the time of writing, Britain is set to leave the European Union without a deal as to future relations on 31 October 2019. Documents from Operation Yellowhammer set out the possible real-world consequences of this. In a meeting of 28 August 2019, the Privy Council issued an Order in Council proroguing Parliament between the dates of Monday 9 September to Monday 14 October 2019. According to a Commons Library Briefing Paper prorogation has not lasted more than fourteen days since the 1980s.
Courts in England and Wales have taken radically different approaches to the lawfulness of the Government’s decision to prorogue…
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