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The Prorogation Litigation: ‘which was as if the Commissioners had walked into Parliament with a blank piece of paper’

Monaghan, Chris (2019) The Prorogation Litigation: ‘which was as if the Commissioners had walked into Parliament with a blank piece of paper’. Coventry Law Journal, 24 (2). pp. 7-24. ISSN 1758-2512

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Abstract

This article considers the recent prorogation litigation, which is encompassed of two legal actions, one in England and Wales, and the other in Scotland, to challenge the Prime Minister’s ability to advise Her Majesty the Queen to use her prerogative powers to prorogue Parliament. The English and Welsh litigation in R (on the application of Miller) v The Prime Minister will be referred to as Miller (No.2) and the Scottish litigation in Cherry and others v Advocate General for Scotland will be referred to as Cherry. The decision of the Supreme Court in R (on the application of Miller) v Prime Minister and Cherry and others v Advocate General for Scotland will be referred to as Miller (No.2) and Cherry. This article like the decisions of the five courts does not seek to argue about the merits of Brexit, as the purpose is to explore the legal and constitutional implications that have arisen from the prorogation litigation.

Item Type: Article
Additional Information:

Staff and students at the University of Worcester can access the full-text of the online published article via the Westlaw database. External users should check availability with their local library or Interlibrary Requests Service.

Uncontrolled Discrete Keywords: Brexit, justiciability, parliamentary sovereignty, politics and law, prerogative powers, prorogation, royal prerogative, Scotland, separation of powers
Subjects: K Law > K Law (General)
K Law > KD England and Wales
K Law > KD England and Wales > KDC Scotland
Divisions: College of Arts, Humanities and Education > School of Humanities
Related URLs:
Depositing User: Chris Monaghan
Date Deposited: 17 Sep 2020 12:38
Last Modified: 17 Sep 2020 13:28
URI: https://eprints.worc.ac.uk/id/eprint/9796

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