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?
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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