Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of that decision.
The decision
Four key points underpin the court’s reasoning. First, the matter of justiciability. All parties accepted that the court was entitled to determine the existence and extent of prerogative powers. The government parties, however, argued that, where the power was exercised within its lawful bounds, it was not justiciable. Cherry and Miller argued that, even within lawful bounds, the ordinary principles of judicial review applied. The question of justiciability formed the cornerstone of the government’s case. Ultimately, however, the court decided it on entirely uncontroversial terms. The court found that it…
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