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Paul Craig: Prorogation: Constitutional Principle and Law, Fact and Causation

Constitutional Law Group's avatarUK Constitutional Law Association

The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning fact and causation. They are examined in turn.

Constitutional Principle and Law

We begin with constitutional principle and law. We seek to decide whether the courts should intervene via judicial review, in order to prevent Parliament from being prorogued. We do not, however, begin with a clean slate. We look to case law where the courts have intervened to curtail prerogative power, discern the underlying principles, and then decide whether those are applicable to the case at hand.

Consider then the principal case law concerning constraints on prerogative power dating back to the seventeenth century. The constraints on prerogative power embodied in Proclamations, De Keyser and Miller all protect parliamentary sovereignty. Parliament is the legitimate legislator within the UK and…

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Rogue Prorogations? Suspending Parliament in the Later Middle Ages

Hannes Kleineke's avatarThe History of Parliament

In addition to Dr Vivienne Larminie’s blog about averting the prorogation of Parliament in May 1641, here’s Dr Hannes Kleineke of our House of Commons 1422-1504 project on the origins of the practice of prorogation and examples thereof in the later Middle Ages…

Until recent days, prorogations of Parliament have generally been regarded as an arcane piece of parliamentary theatre, of limited concern to anyone except those interested in the historic procedures and ceremonial of the British legislature. Certainly, the procedure of proroguing Parliament, that is, suspending the meetings of the Lords and Commons until a set future date is of venerable antiquity. The earliest English Parliaments generally met for only a few days, and there was thus no call for these assemblies to be interrupted and resumed. The earliest examples of what was formally styled a ‘prorogation’ thus served to allow for a change of originally…

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