← United Kingdom authorities

R (Miller) v Prime Minister; Cherry v Advocate General for Scotland

[2019] UKSC 41 · [2019] UKSC 41

Supreme Court of the United Kingdom · 2019

Good law

Headnote

Held unanimously that the advice to prorogue Parliament for five weeks was unlawful, void and of no effect because it frustrated Parliament's constitutional functions without reasonable justification.

Bench

Lady Hale, Lord Reed and nine other Justices

Facts

The Prime Minister advised the Queen to prorogue Parliament from September to October 2019 during the Brexit process.

Held

The decision was justiciable and unlawful; Parliament had not been prorogued.

Key passage

“A decision to prorogue Parliament will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions.”

[2019] UKSC 41, [50]

Citation formats

OSCOLA

R (Miller) v Prime Minister [2019] UKSC 41, [50].

Short form

Miller (No 2) (n 1) [50].

Report

R (Miller) v Prime Minister [2020] AC 373.

Authorities considered

  • Council of Civil Service Unions v Minister for the Civil Service

    [1985] AC 374