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UK Supreme Court summary of judgment and full opinion in case unanimously[?] declaring invalid the prorouging of Parliament:
supremecourt.uk/cases/docs/uks…
supremecourt.uk/cases/docs/uks…
#Brexit
supremecourt.uk/cases/docs/uks…
supremecourt.uk/cases/docs/uks…
#Brexit
The seed of 1001 forthcoming law review articles: "Every prerogative power has its limits."
@jdmortenson
@jdmortenson
The opinion has a great deal in common with the SCOTUS's State Farm and recent census opinions: "It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason--let alone a good reason-- ...
... to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October."
Key sentence: "Nowhere [in the government's explanation] is there a hint that the Prime Minister, in giving advice to Her Majesty, is more than simply the leader of the Government seeking to promote its own policies; he has a constitutional responsibility."
And that "responsibility" is "to have regard to all relevant interests, including the interests of Parliament."
There's also this, the seed of 1001 forthcoming law review articles: "Every prerogative power has its limits."
@jdmortenson
And it's great on the political question doctrine, too.
@jdmortenson
And it's great on the political question doctrine, too.
