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On 11th September, the High Court of England and Wales delivered judgment dismissing Mrs Miller’s claim finding the issue not justiciable. The Inner House of the Court of Session in Scotland announced that the issue was justiciable, that it was motivated by the improper purpose of stymying Parliamentary scrutiny of the Government, and that it, and any prorogation which followed it, were unlawful and thus void and of no effect. Mrs Miller’s appeal against the English decision and the Advocate General’s appeal against the Scottish decision were heard by this court from 17th to 19th September. Issues Brexit: Boris Johnson 'approved Parliament shutdown plan in mid-August' ". BBC News. 3 September 2019. Archived from the original on 12 October 2019 . Retrieved 24 September 2019. Prorogation". Parliament of the United Kingdom. Archived from the original on 17 June 2019 . Retrieved 12 September 2019.

Was the matter justiciable? Relying on the High Court of Justice ruling in the 1611 Case of Proclamations that "the King hath no prerogative but that which the law of the land allows him", the court found that it was. The court also found that the use of the prerogative power of prorogation is a use of the royal prerogative that was open to judicial review, as no party in the case argued that the court did not have the jurisdiction to rule on the existence or limits of the power of prorogation. The number of justices who sit on a Supreme Court case must be odd to prevent tied votes. ( Bowcott 2019c) Picture this: it’s just over a year ago, in the more innocent time before the global war of January 2022. Winter has set in, middle school-aged kids running feverishly through the aisle of your local grocery store, shouting to each other while filming their scavenger hunt. “Did you find it? Did you find it?” Further speculation that Parliament could be prorogued led opposition MPs to successfully amend the Northern Ireland (Executive Formation etc) Bill to make prorogation during late October functionally impossible by requiring the government to report to Parliament its efforts to restore the Northern Ireland Assembly, which Parliament would then sit—even during prorogation—to debate. [9] In late July, the newly appointed Leader of the House of Commons, Jacob Rees-Mogg, said the government viewed prorogation for political purposes as an "archaic mechanism" which would not be used. [10] Despite this, Johnson still planned to have Parliament prorogued, and sought legal advice in mid-August from his Attorney General, Geoffrey Cox, to that effect. [11]Ali, Junade (24 September 2019). "The Fixed Term Parliament Act: A Recipe for Constitutional Crisis and Prorogation?". Oxford University Political Blog. Archived from the original on 23 December 2019 . Retrieved 23 December 2019. The Dissolution and Calling of Parliament Act 2022 would prevent, in the future, courts from questioning the exercise of the royal prerogative power to dissolve Parliament, though would not affect the ability for courts to question a future prorogation. [48] Summary of judgments [ edit ] Court Finnis, John (28 September 2019). The unconstitutionality of the Supreme Court's prorogation judgment (PDF) (Report). Policy Exchange. Archived (PDF) from the original on 13 October 2019 . Retrieved 3 November 2019. The speakers of both the House of Lords and House of Commons stated the ruling had quashed royal assent of the Parliamentary Buildings (Restoration and Renewal) Act 2019—which had royal assent signified during the prorogation ceremony—and therefore royal assent had to be re-signified. [38] Yuan Yi Zhu, a Stipendiary Lecturer in Politics at Pembroke College, Oxford, argued that this was a misunderstanding by parliamentary authorities due to ambiguity in the judgment, ironically implicating the sovereignty of Parliament contrary to Article IX of the Bill of Rights 1689 and the enrolled bill rule; Zhu suggested a short bill should be passed to "reassert Parliamentary sovereignty and minimise the risk of its erosion" by the judiciary. [39] Fixed-term Parliaments Act [ edit ] R (on the application of Miller) v The Prime Minister; Cherry and Others v Advocate General for Scotland [2019] UKSC 41(24 September 2019)

Elliott, Mark (24 September 2019). "The Supreme Court's judgment in Cherry/Miller (No 2): A new approach to constitutional adjudication?". Public Law for Everyone. Archived from the original on 26 September 2019 . Retrieved 29 September 2019.

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Supreme Court: Ex-PM's lawyer argues against prorogation". BBC News. 19 September 2019. Archived from the original on 23 January 2020 . Retrieved 24 September 2019. The three appeal judges of the Inner House of the Court of Session noted that O'Neill made "interesting and stirring" remarks about a Scottish tradition of holding the Crown to account; the judges stated O'Neill had "not actually identified any material differences between the applicable Scots law and the corresponding English law" and his argument was "pushing at an open door". [27] Hearing [ edit ] Press and anti-prorogation protesters assemble outside the Supreme Court on 17 September 2019 Council of Civil Service Unions v Minister for the Civil Service (1984), which held that the royal prerogative was subject to judicial review.