This paper addresses the question of whether the Supreme Court should rule that the Government’s advice to Her Majesty to prorogue Parliament was unlawful. It argues that the prerogative power to prorogue Parliament is not subject to judicial control. Proroguing Parliament does not flout parliamentary sovereignty; the exercise of the prerogative should be challenged by political action not litigation.
Parliamentary Sovereignty and the Politics of Prorogation | Richard Ekins
17 Sep 2019 | Judicial Review and Judicial Independence, Publications