header-logo header-logo

The prorogation judgment —a step too far?

17 October 2019 / Nicholas Dobson
Issue: 7860 / Categories: Features , Brexit , Constitutional law
printer mail-detail
9387
Nicholas Dobson shares his analysis of the recent Supreme Court prorogation decision—right but wrong?

Whatever your view of the controversial decision of the Supreme Court on 24 September 2019 in R (Miller) v The Prime Minister; Cherry and others v Advocate General for Scotland [2019] UKSC 41, it is undoubtedly correct in every minute particular. That is, of course, despite the criticism of many respected constitutional and other lawyers including Professor John Finnis FBA QC (Hon), Professor Emeritus of Law & Legal Philosophy in the University of Oxford). He considered the judgment to have been ‘a misconceived review’, an ‘historic mistake’, ‘wholly unjustified by law’ and one which has caused ‘damage . . .to our constitutional doctrine and settlement’ (see The unconstitutionality of the Supreme Court’s prorogation judgment, Policy Exchange 2019).

But why the decision is completely correct is clear from the title of the determining body. For this is, of course, the Supreme Court, whose judgment on the issue is definitive. And it was a strong decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll