Britain's current constitutional crisis: The Supreme Court's judgement on the prorogation of Parliament
| Autor | Ana Valentina Lameda Rodner |
| Cargo | University of Aberdeen, Scotland, UK. |
| Páginas | 191-201 |
Britain’s current constitutional crisis: The Supreme
Court’s judgement on the prorogation
of Parliament
Ana Valentina lameDa roDner*
RVLJ, N.º 13, 2020, pp. 191-201.
Sumario
Introduction 1. Prerogative powers & The Courts 2. The rule
of law & separation of powers 3. Parliamentary sovereignty
& accountabilit y. Conclusion
Introduction
For many people the British Constitution is an abstract but dynam ic creature
which lives and works in the background of our country’s political, social
and justice system. The lack of understanding with regards to our Constitu-
tion, particularly anything broader than the fact that it is «unwritten», has
encouraged some misconceptions about its operation and how it intertwines
with our three pillars of democracy: the legislature, executive and judiciary.
In today’s fraught political framework, the recent Supreme Court judgement
on the prorogation of Parliament (Cherry and Miller N.º 2)1 has generated
a diverse range of strong reactions, not only towards the judgement itself,
but also towards the implications the decision will have on the Constitution.
At a time when the country is divided into «Leavers» and «Remainers», it is
unsurprising that the judgement has generated yet another division of
public and scholarly opinion; was this a legal question or was it purely a
political one? W hile many believe that the Supreme Court’s judgement is an
* University of Aberdeen, Scotland, UK.
1 R (on the application of Miller) v. The Prime Mi nister, Cherry and others vs. Advo -
cate General for Scotland [2019] UKCS 41.
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