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Judge rejects temporary ban on Parliament shutdown ahead of full hearing". BBC News. 30 August 2019. Archived from the original on 11 October 2019 . Retrieved 24 September 2019. During the Court of Session hearings on 3 September, the court heard evidence that Johnson had approved negotiations with the Palace on 15 August 2019, by way of signing a handwritten note to his special adviser Nikki da Costa and Dominic Cummings, and made comments about the short sitting of Parliament in September being a "rigmarole" to show MPs were "earning their crust". Aidan O'Neill, who represented the petitioners at the Court of Session, argued that this proved the government misled the court when they described the issue of prorogation as an academic one. [24] Clark, Alasdair (4 September 2019). "Boris Johnson's prorogation of parliament is lawful, Scottish court rules". The Guardian. Archived from the original on 24 May 2020 . Retrieved 24 September 2019.

a b Mason, Rowena; Walker, Philip (24 September 2019). "MPs to return immediately in wake of supreme court ruling". The Guardian. Archived from the original on 22 March 2020 . Retrieved 24 September 2019.a b O'Carroll, Lisa (29 August 2019). "Boris Johnson faces third legal battle over prorogation". The Guardian. Archived from the original on 11 December 2019 . Retrieved 24 September 2019. 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. Marbury v. Madison (1801), a U.S. Supreme Court case which held that the judiciary was entitled and obliged to undertake judicial review of the laws. At the end of the third hearing day, there were many questions from the Justices about potential remedies. This may have been an early indication that the Judges were considering this point in detail. In its judgment, the Supreme Court went beyond the declaration sought by the Claimant and held that the prorogation itself and not merely the advice had been unlawful and that the prorogation was therefore null and void –it had never happened. It was for Parliament to decide what would happen next. Conclusion Australian Communist Party v Commonwealth (1951), a High Court of Australia case which held that a law forcefully dissolving the Communist Party of Australia violated the Constitution of Australia's provisions on the separation of powers.

On 4 September, Doherty ruled in the first instance that the matter was non-justiciable; the case was immediately appealed to the Inner House of the Court of Session. [25] On 11 September, the three-judge appellate panel at the Court of Session, consisting of Lords Carloway ( Lord President), Brodie, and Drummond Young, unanimously found the prorogation was unlawful. The court found Johnson was motivated by "improper purpose of stymieing Parliament" and had effectively "misled the Queen", and as a result, declared the royal proclamation as "null and of no effect", but did not offer a binding remedy to that effect. [26] Hutton, Mark; Lawrence, Kate; Mawson, Chloe (7 October 2020). " '... as if the Commissioners had walked into Parliament with a blank sheet of paper': Parliament's procedural handling of the Supreme Court's nullification of prorogation". Hansard Society. Archived from the original on 23 December 2019 . Retrieved 23 December 2019. Clear, Stephen (18 December 2019). "Boris Johnson is planning radical changes to the UK constitution – here are the ones you need to know about". The Conversation. Archived from the original on 23 December 2019 . Retrieved 23 December 2019. This case concerns the conglomeration of two appeals, one from the High Court of England and Wales and one from the Inner House of the Court of Session in Scotland. As the great Axl Rose asked, “where do we go now?” so, too, do Logan Paul and KSI ask where do they take their brand. It’s now larger than they are, in many respects — a brand that has outgrown the already monolithic personalities of their creators. And really, isn’t that what all creators would like — to see their creations outlive them?

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.

Supreme Court: Second day of legal prorogation battle ends". BBC News. 18 September 2019. Archived from the original on 25 September 2019 . Retrieved 24 September 2019. Dissolution and Calling of Parliament Bill – Parliamentary Bills – UK Parliament". Archived from the original on 15 December 2021 . Retrieved 9 November 2021. Bowcott, Owen (12 September 2019b). "Northern Irish court dismisses case against no-deal Brexit". The Guardian. Archived from the original on 30 January 2020 . Retrieved 24 September 2019. After the 2017 general election, the government, led by Theresa May, announced that the first session of Parliament after the election would last until 2019—normally, parliamentary sessions last a year—to allow for greater parliamentary scrutiny of their Brexit plans. [6] By May 2019, the session had become the longest to sit since the Long Parliament, some four centuries before. [7] The government's preferred Brexit withdrawal agreement was rejected three times in early 2019, which deepened tensions between opposition politicians, the government, and advocates of a " no-deal Brexit"; Brexit was subsequently delayed until 31 October 2019, and May resigned her leadership of the Conservative Party. [4] May was succeeded in the following party leadership election by Boris Johnson, [4] whose campaign team had floated the possibility of prorogation to force a no-deal Brexit despite Parliament overwhelmingly rejecting the proposition. [8] R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland ( [2019] UKSC 41), also known as MillerII and Miller/Cherry, were joint landmark constitutional law cases on the limits of the power of royal prerogative to prorogue the Parliament of the United Kingdom. Argued before the Supreme Court of the United Kingdom in September 2019, the case concerned whether the advice given by the prime minister, Boris Johnson, to Queen ElizabethII that Parliament should be prorogued in the prelude to the United Kingdom's withdrawal from the European Union was lawful.R v Chaytor (2010), which held that the protection of parliamentary proceedings under the Bill of Rights 1689 did not give MPs indicted as a result of the parliamentary expenses scandal protection from prosecution for false accounting. The judgment is significant for its treatment of the principle of justiciability, its interpretation of elements of the British constitution, and its potential implications for the separation of powers. In a Financial Times article published the day after the judgment, Catherine Barnard, a professor of European law at the University of Cambridge, called it "a judgment of huge importance with major implications for our system of government" in which the court set down a ruling to stop constitutional players "who don't play by the rules". Constitutional historian Vernon Bogdanor, professor at King's College, London said that the judgment reaffirmed parliamentary sovereignty. [34] Cambridge professor Mark Elliott, former legal adviser to the House of Lords' Constitution Committee, described the judgment as both "an orthodox application of constitutional principle" and a legal landmark for transforming the principle of parliamentary sovereignty into "hard and novel limits on executive authority". [35]