Boris Johnson’s prorogation of Parliament

A decision between law and history

Authors

  • Javier Carlos Díaz Rico Universidad de Huelva

DOI:

https://doi.org/10.18042/cepc/redc.121.11

Abstract

On 27th August British Prime Minister Boris Johnson advice the queen to prorogue Parliament for five weeks, an extraordinary duration compared with the usual practice. It was ordered next day by Order in Council. The United Kingdom faced two months of crucial parliamentary debates, being the exit day of the European Union 31st October. Yet the Supreme Court held on 24th September Johnson’ advice and the Order illegal and void. Prorogation of Parliament is a royal prerogative recognised by the common law whose limits must be set by the courts of justice. The Supreme Court does so applying the constitutional principles of parliamentary sovereignty and parliamentary accountability. The lack of codification of these principles ascribes to the interpretation of the history of British law an extraordinary roll.

Published

2021-04-28

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES