Tuesday, September 24, 2019

R. v. The Prime Minister - the Judgment of the Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom has declared unlawful the Prime Minister's "prorogation" (suspension) of Parliament.  It rules that Parliament remains in session. - gwc
R [on the application of Miller] v. The Prime Minister - Judgment of the Supreme Court 9/24/2019
Both cases raise the same four issues, although there is some overlap between the issues:
 ( 1) Is the question of whether the Prime Minister s advice to the Queen was lawful justiciable in a court of law ?
(2 If it is, by what standard is its lawfulness to be judged ?
( 3) By that standard , was it lawful?
(4 ) If it was not, what remedy should the court grant?


Although the United Kingdom does not have a single document entitled The Constitution, it nevertheless possesses a Constitution , established over the course of our history by common law , statutes, conventions and practice . Since it has not been codified, it has developed pragmatically , and remains sufficiently flexible to be capable of further development .Nevertheless , it includes numerous principles of law , which are enforceable by the courts in the same way as other legal principles . In giving them effect, the courts have the responsibility of upholding the values and principles of our constitution and making them effective . It is their particular responsibility to determine the legal limits of the powers conferred on each branch of government, and to decide whether any exercise power has transgressed those limits . The courts cannot shirk that responsibility merely on the ground that the question raised is political in tone or context.

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