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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]