Home
Eleven justices of the Supreme Court ruled unanimously that in advising the Queen to prorogue parliament ‘the Prime Minister’s advice to Her Majesty was unlawful, void and of no effect’. This was because the prorogation had ‘the effect of frustrating or preventing, without reasonable justification, the ability of parliament to carry out its constitutional functions’. The court was not ‘concerned with the Prime Minister’s motive’. The court cited the Case of Proclamations (1611) to show that the limits of prerogative powers were determined by the courts. The judgment overturned the decision of the High Court that the prorogation should not even be considered by the courts. Lady Hale, the President of the Supreme Court, read out the judgment wearing a large spider brooch. Since parliament had not been prorogued, John Bercow the Speaker of the House of Commons, arranged for it to sit from the next day. Boris Johnson, the Prime Minister, flew back from the UN in New York.
Comments
Join the debate for just $5 for 3 months
Be part of the conversation with other Spectator readers by getting your first three months for $5.
UNLOCK ACCESS Just $5 for 3 monthsAlready a subscriber? Log in