What to expect this week from the Supreme Court?
What to expect this week from the Supreme Court (SP) on the Prorogation of Parliament?
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Having spent three days watching online debates on the Prorogation of Parliament case, I must say it’s been the most high-level case I could observe and study since the failed Project of Treaty establishing a Constitution for Europe (2004-5).
Issues the SP is asked to decide upon are: “1) Whether the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is justiciable in the courts; and 2) If the decision is justiciable and the appeal is not academic, whether that advice was lawful.”
The PM can take such a decision yearly but doesn’t have to; the former PM in turn cancelled the Queen’s speech; the opposition could present a motion of non-confidence before prorogation but didn’t: these are all decisions based on political options.
The SP’s historic answers could therefore span from 1) ‘No’, making 2) without purpose, but also reaching much farther.
Miller case 1 managed to bring to Court a decision that was not taken yet (shortly following a similar case Yalland and Wilding on art 127 EEA was judged this time “premature”).
What seems to come with Miller case 2 is, however, nothing less but a (re)definition of the UK’s Constitutional Monarchy.
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