R (Miller) v Prime Minister

Facts

The Prime Minister advised the Queen to prorogue Parliament for five weeks shortly before the United Kingdom was due to leave the European Union.

Issue

Was the advice to prorogue justiciable and lawful?

Held

Yes, it was justiciable, and it was unlawful because it frustrated Parliament's ability to carry out its constitutional functions without reasonable justification. The prorogation was void.

Principle

The courts decide the limits of prerogative powers by reference to constitutional principles such as parliamentary sovereignty and accountability.

Why it matters

A modern example of the courts checking the executive to protect the legislature.

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