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Hale says prorogation 'unlawful, void and of no effect'

Hale says the court is "bound to conclude that the decision to advise her Majesty to prorogue parliament was unlawful".

Hale says using prorogation to prevent parliament carrying out its role would be unlawful

Hale says there are two issues with a prerogative power.

First, does the power exist?

Second, is it subject to judicial review?

Hale says there is no doubt that the courts can review a prerogative power. All the parties accept that. What is at issue is what are the limits of this power.

Hale says parliament must be able to make laws everyone can obey.

This principle would be undermined if the government could close parliament, she says.

She says parliament must also be able to hold the executive to account.

She says at the moment prorogation will be unlawful if it has the effect of preventing parliament form being able to carry out its constitutional functions.

by Oui on Tue Sep 24th, 2019 at 09:52:32 AM EST

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