No longer possible to repeal the Fixed term parliament Act because dissolution by the queen would be subject to judicial review
UK Constitutional Law Association
The chorus that the United Kingdom Supreme Court’s decision on prorogation (R. (on the application of Miller) v The Prime Minister; Cherry and others v. Advocate General for Scotland [2019] UKSC 41) has “nothing to do with Brexit” cannot withstand serious scrutiny. The British electorate’s decision to leave the European Union is the pivot around which contemporary politics revolves. There is no question to my mind that the aim of prorogation was to ease Britain’s withdrawal from the organisation, and thankfully the question of prime ministerial motivation was not a live issue in the Court’s judgment. This post argues that the Court acted in a partisan fashion as if it were the legal wing of Remain, and that as a result the judiciary now needs to have its wings clipped.
The political fundamentals against which the Miller-Cherry case fell to be decided are as follows: (1) a majority of…
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