The Prorogation Case: Re-inventing the Constitution or Re-imagining Constitutional Scholarship
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In 2017, the UK Supreme Court decided what was, prematurely, referred to as the ‘Constitutional Case of the Century’: R (Miller) v Secretary of State for Exiting the European Union (Miller). However, within three years, the Supreme Court decided R (Miller) v Prime Minister; Cherry v Advocate General for Scotland (Miller; Cherry), which arguably has even greater constitutional importance. Given the number of similarities between the cases, this is hardly surprising. They provide the only examples, to date, of the Supreme Court sitting with its maximum number of eleven Justices. Both concerned Brexit; involved key constitutional questions as to the relative powers of the legislature, the executive, and the courts and received a huge amount of media attention. Unsurprisingly, they both generated a great deal of commentary prior to, during, and after the cases were heard.