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"Common law" also called "case law" is the body of of appellate opinions by courts. A litigant of a criminal or civil trial (the first instance), petitions a superior court to review and rule on error of an inferior court. The error alleged by the appellant might be in a finding of law (statutory procedure or "common law" application to merits of the case admitted by judge or jury instruction) or a finding of fact (typically, omission of exculpatory evidence).

The SCOTUK judgment relies heavily on "common law" opinions for its own reason, because the merits of the case have so little relevance to statute. They admit that. The appellants' objections to the PM's exercise of royal prerogative rely exclusively on "convention" --the duration of the prorogation is unlawful, unacceptable to "the Crown in parliament"; prorogation per se is not unlawful. The SCOTUK ruled against  unlimited exercise of royal prerogative, because "the Crown in parliament" had not limited by statute a "reasonable" prorogation period to Sir John Major's units of Queen's Speech and legislative agenda prep time.

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Diversity is the key to economic and political evolution.

by Cat on Tue Sep 24th, 2019 at 10:50:01 PM EST
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