UK and European law

From ‘purpose’ to ‘effect’: a principled way to decide whether prorogation is legal

Anne Twomey argued on LSE Brexit that the Supreme Court should focus on the fact that Boris Johnson has lost the confidence of the Commons. Given that he has not yet lost a vote of no confidence, Tarunabh Khaitan (University of Oxford) says this is a problematic approach. Instead, the Court should ask whether prorogation is likely to have […]

When is prorogation ‘improper’?

What would make Boris Johnson’s prorogation of Parliament ‘improper’? Anne Twomey (University of Sydney) argues that the Supreme Court should focus on the fact that the PM has lost the confidence of the Commons – which is a breach of constitutional principle – rather than on the political advantages he might secure by shutting down Parliament.

Prorogation is primarily a procedural […]

The Supreme Court should repair the tear in the fabric of the constitution that prorogation has opened up

The Supreme Court is considering whether Boris Johnson’s prorogation of Parliament is lawful. Thomas Poole (LSE) says the claimants face two hurdles: one concerns the involvement of the Queen, the other whether prorogation is a purely political or a justiciable issue. He argues that the court should recognise that the power to prorogue has legal limits.

On 28 August, the […]

Challenging prorogation: understanding the Court of Session decision and anticipating that of the Supreme Court

Sionaidh Douglas-Scott (Queen Mary University of London) explains the recent Court of Session decision on prorogation. The Supreme Court may ultimately declare the issue to be non-justiciable – but it could then be possible for Boris Johnson to prorogue Parliament for a much longer period.
Legal cases are not always exciting. Yet some truly absorbing and significant litigation is underway, arising […]

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    Parliament’s role in the Brexit process: parallels with Israel and the Knesset

Parliament’s role in the Brexit process: parallels with Israel and the Knesset

The suspension of Parliament in a ‘no-written constitution’ legal context has left the UK in constitutional limbo. In this blog, Solon Solomon offers some thoughts on the Israeli constitutional experience. He argues that Parliament should have a substantial role in the Brexit process, let alone be permitted to sit in the first place.

On September 11, the Scottish Court of Session, Scotland’s […]

Prorogation of Parliament: the two court rulings explained

Martin Brenncke (Aston Law School) explains the difference between the two high court rulings regarding the prorogation of Parliament. 
The Prime Minister‘s decision to advise the Queen to prorogue Parliament is a political decision. It is not subject to judicial review by the courts. Whether or not the timing and duration of prorogation constitutes an abuse of power by the […]

Who should ’take back control’?

Who should be in control of the Brexit process? Nikos Skoutaris (UEA) explains the current dynamics of the UK’s constitutional conundrum. 
Famously, the motto of the Leave campaign was ‘Take Back Control’. If we wanted to sum up the various constitutional challenges that Brexit has been posing we could say that most of them are precisely centred around the question who […]

Proponents of the new Bill to stop No Deal face a significant dilemma over Queen’s Consent

MPs opposed to a no-deal Brexit have now published their Bill. Robert Craig (LSE) explains why the existence of Queen’s Consent means that they face a complex legal Catch-22 in their efforts to stop the Prime Minister. This post has been updated after the MPs’ bill was made public.

MPs who wish to prevent No Deal have decided that their […]

The next few days will reveal where the heart of power lies in the British constitution

The government argues that the courts have no part to play in the row over prorogation, and that it is a matter for Parliament and the executive alone. But what happens when the executive has suspended Parliament? Joelle Grogan (Middlesex University) says a constitutional crisis now looks imminent.
On 18 July, I wrote on LSE Brexit that prorogation was a […]

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    What happens after a Vote of No Confidence in the PM? A route map

What happens after a Vote of No Confidence in the PM? A route map

A successful Vote of No Confidence in the government is a seismic political event. It is also extremely rare. As a result, the rules governing the subsequent constitutional steps are perhaps less well understood than they should be. Robert Craig (LSE) attempts to set out a route map for what must happen after a successful VoNC in the light […]