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The prorogation judgment Did the Supreme Court interfere in politics?

Did the Supreme Court interfere in politics?

Darren Sylvester assesses the UK Supreme Court’s judgment in R (on the application of Miller) v The Prime Minister and Cherry v Advocate General for Scotland (2019), examining whether the court entered the political arena

This decision of the UK Supreme Court, handed down on 24 September 2019, is important not only for the legal reasoning it provides, but also because it was unanimous (11 Supreme Court Justices heard the appeal, the maximum number permitted to sit). It held that the attempt by Prime Minister Boris Johnson to prorogue Parliament from a date in September 2019 until 14 October 2019 was unlawful and of no effect. The court found that Johnson was motivated by the improper purpose of stymying parliamentary scrutiny of the executive.

This decision overturned the judgment of the Divisional Court handed down on 11 September 2019 and agreed with a decision of the Inner House of the Court of Session in Scotland.

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