The Supreme Court declares unlawful, void and of no effect the long prorogation of Parliament – The article examines the Cherry/Miller 2 judgment which declared unlawful, void and with no effect the long prorogation of Parliament. From a continental point of view, the Supreme Court resolved a conflict between executive and legislative power stating that the prorogation prerogative is limited by two constitutional principles: parliamentary sovereignty and the responsible government. Reference to the second - traditionally considered the constitutional convention founding the parliamentary government - is full of consequences because it gives a legal face to a political rule allowing the judicial review of the relations between Parliament and Government so far considered not justiciable.
Power to the Parliament. La Corte Suprema dichiara illegittima e nulla la lunga sospensione del Parlamento
Francesca Rosa
2019
Abstract
The Supreme Court declares unlawful, void and of no effect the long prorogation of Parliament – The article examines the Cherry/Miller 2 judgment which declared unlawful, void and with no effect the long prorogation of Parliament. From a continental point of view, the Supreme Court resolved a conflict between executive and legislative power stating that the prorogation prerogative is limited by two constitutional principles: parliamentary sovereignty and the responsible government. Reference to the second - traditionally considered the constitutional convention founding the parliamentary government - is full of consequences because it gives a legal face to a political rule allowing the judicial review of the relations between Parliament and Government so far considered not justiciable.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
