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"The power to prorogue is a prerogative power and the prime minister had the vires to advise the sovereign as to its exercise."
"The power to prorogue is a prerogative power and the prime minister had the vires to advise the sovereign as to its exercise."
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Not surprised, to be honest. But there are other cases ongoing and plenty of appeal stages to come, so we might not have heard the end of this.
It was suggested that better grounds on which to challenge the decision were not on its legality (since to be honest it's probably legal) but its irrationality*. In the run-up to a major decision on the UK's constitutional future it makes precious little sense for Parliament to take five weeks out -- yes, I know that three weeks were already likely to be set aside for Party Conferences, but Parliament could have voted to cancel that recess.
*See https:/
It was suggested that better grounds on which to challenge the decision were not on its legality (since to be honest it's probably legal) but its irrationality*. In the run-up to a major decision on the UK's constitutional future it makes precious little sense for Parliament to take five weeks out -- yes, I know that three weeks were already likely to be set aside for Party Conferences, but Parliament could have voted to cancel that recess.
*See https:/
when/if it gets posted (and if it is, it may take a day or two), you'll find it here.
https:/
https:/
It may not be a good analogy, but owning a gun is legal, but how you use the gun can be legal or illegal.
Proroguing is definitely legal, John Major used it to hold a General Election.
Proroguing and thereby closing Parliamentary business for 5 weeks, just before the most important day in the UK since the end of the war, is clearly irresponsible and undesirable.
Proroguing is definitely legal, John Major used it to hold a General Election.
Proroguing and thereby closing Parliamentary business for 5 weeks, just before the most important day in the UK since the end of the war, is clearly irresponsible and undesirable.
For Corby.
Addressing Edinburgh’s Court of Session on Wednesday, Lord Doherty said any decision to prorogue Parliament was “political territory”.
He said: “In my view, the advice given in relation to the prorogation decision is a matter involving high policy and political judgement.
“This is political territory and decision-making, which cannot be measured by legal standards, but only by political judgements. Accountability for the advice is to Parliament and, ultimately, the electorate, and not to the courts.”
“I do not accept the submission that the prorogation contravenes the rule of law and the claim is justiciable because of that,” he added.
“In my opinion, there has been no contravention of the rule of law. The power to prorogue is a prerogative power and the Prime Minister had the vires to advise the sovereign as to its exercise.”
The group of MPs and peers behind the legal challenge, who are headed by SNP MP Joanna Cherry and Liberal Democrat leader Jo Swinson, have said they will appeal against the ruling.
Addressing Edinburgh’s Court of Session on Wednesday, Lord Doherty said any decision to prorogue Parliament was “political territory”.
He said: “In my view, the advice given in relation to the prorogation decision is a matter involving high policy and political judgement.
“This is political territory and decision-making, which cannot be measured by legal standards, but only by political judgements. Accountability for the advice is to Parliament and, ultimately, the electorate, and not to the courts.”
“I do not accept the submission that the prorogation contravenes the rule of law and the claim is justiciable because of that,” he added.
“In my opinion, there has been no contravention of the rule of law. The power to prorogue is a prerogative power and the Prime Minister had the vires to advise the sovereign as to its exercise.”
The group of MPs and peers behind the legal challenge, who are headed by SNP MP Joanna Cherry and Liberal Democrat leader Jo Swinson, have said they will appeal against the ruling.
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