The law of the constitution before the court


This latest report from UK think tank Policy Exchange looks at the prorogation case.

The Supreme Court’s prorogation judgment, Miller/Cherry, was contrary to the settled law of the constitution. This paper, which complements and completes an earlier critique, refutes attempts to deny the judgment’s revolutionary character, attempts that cannot be squared with key facts about prorogation in the run-up to the Bill of Rights 1689, with Erskine May’s Law and Practice of Parliamentary, and with the primary 20th century textbook on the law of the constitution. The paper details the factual misjudgements and injustices at the heart of the Supreme Court’s judgment, and confirms the wisdom of the law of non-justiciability that the judgment casts aside.

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