From ‘purpose’ to ‘effect’: a principled way to decide whether prorogation is legal

20 Sep

Anne Twomey argued on LSE Brexit that the Supreme Court should focus on the fact that Boris Johnson has lost the confidence of the Commons. Given that he has not yet lost a vote of no confidence, Tarunabh Khaitan (University of Oxford) says this is a problematic approach. Instead, the Court should ask whether prorogation is likely to have the […]

When is prorogation ‘improper’?

19 Sep

What would make Boris Johnson’s prorogation of Parliament ‘improper’? Anne Twomey (University of Sydney) argues that the Supreme Court should focus on the fact that the PM has lost the confidence of the Commons – which is a breach of constitutional principle – rather than on the political advantages he might secure by shutting down Parliament. Prorogation is primarily a procedural […]