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OK - I've done a first reading of Miller 2; and wow! There are lots of points of controversy for lawyers to debate (I've seen good threads already from @AdamWagner1 @AileenMcHarg and @mdouganlpool).
Here, I'll just set out in simple terms what the Court has decided. 1/
Here, I'll just set out in simple terms what the Court has decided. 1/
It (at [27]) held that there were four issues at stake.
Was the PM's advice justiciable? By what standards is its lawfulness to be assessed? Was it lawful? And... what remedy should the Court give? 2/
Was the PM's advice justiciable? By what standards is its lawfulness to be assessed? Was it lawful? And... what remedy should the Court give? 2/
The Government lost on each of the four points. And by a margin of 11-0. 3/
The Court held that the existence and extent of prerogative powers (including the ordering of prorogation) are questions of law. It added that 'it is the function of courts to determine them' (at [36] with conclusions at [52]). 4/
The lawfulness of the advice falls to assessed with reference to the fundamental principles of our constitutional law; Parl sovereignty and Parl accountability. The language at [42] and [48] is particularly striking. 5/
From [50], a decision to prorogue will be unlawful if it has the effect of frustrating or preventing, without reasonable justification, the ability of Parl to carry out its constitutional functions. 6/
So... did the Prime Minister's action have that effect? At [56]: 'The answer to that is that of course it did'. 7/
And were there reasonable justifications for the Prime Minister's action? At [61]: 'It is impossible to conclude... that there was any reason - let alone a good reason - to advise Her Majesty to prorogue Parliament for five weeks.' 8/
As to the remedy (side-stepping a huge legal debate - see eg @RobertCraig3), the Court held that the illegality of the advice, led to an unlawful Order in Council, and an unlawful prorogation (see [69]). 9/
The result of all that is that Parliament has not been prorogued. The Parl session will, the Speaker has confirmed, resume tomorrow at 11:30. 10/
It is a striking judgment, and a ringing endorsement of the sovereignty of Parliament. The link is here: supremecourt.uk/cases/docs/uks… 11/11
