The unconstitutionality of the Supreme Court's prorogation judgement

Document type
Discussion paper
Finnis, John
Policy Exchange
Date of publication
28 September 2019
Social welfare
Material type

Download (1.5MB )

The Supreme Court’s judgment in Gina Miller's case on prorogation holds that Parliamentary sovereignty needs to be judicially protected against the power of the Government to prorogue Parliament. In this paper John Finnis argues that the judgment itself undercuts the genuine sovereignty of Parliament by evading a statutory prohibition (art. 9 of the Bill of Rights 1689) on judicial questioning of proceedings in Parliament.

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