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We at @GoodLawProject have instructed leading constitutional law Counsel in relation to the questions (1) whether a judicial review of advice given to the Queen to prorogue Parliament would succeed and (2) whether we could bring a JR now rather than waiting for that advice.
Question (2) is also important. What happens in practice if the Queen is faced with a request to prorogue Parliament? Does she have to wait for the Divisional Court and the Supreme Court to decide? What happens to Parliament in the meantime?
The dilemma is very similar to that which the courts faced in the Wightman case: if we don't ask now whether Article 50 can be unilaterally revoked will it be too late to ask at all?
The Government said it was hypothetical but Scotland and Europe's highest courts both disagreed.
The Government said it was hypothetical but Scotland and Europe's highest courts both disagreed.
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