Unconstitutional prorogation of Parliament

Theil, Stefan

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Authors

Theil, Stefan

Publication Date

2020-07-01

Journal Title

Public Law: the constitutional and administrative law of the commonwealth

ISSN

0033-3565

Publisher

Sweet and Maxwell

Type

Article

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Citation

Theil, S. (2020). Unconstitutional prorogation of Parliament. Public Law: the constitutional and administrative law of the commonwealth https://doi.org/10.17863/CAM.81362

Abstract

Argues, contrary to the constitutional convention, that the monarch is empowered in certain situations to reject ministerial advice to prorogue Parliament. Reviews evidence for the convention on prorogation, including statutory powers and ministerial advice, and considers the constitutional implications. Examines criticisms of R. (on the application of Miller) v Prime Minister (SC), and potential remedies open to the monarch for executive abuses.

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This record's DOI: https://doi.org/10.17863/CAM.81362

This record's URL: https://www.repository.cam.ac.uk/handle/1810/333945

Rights

Attribution-NonCommercial 4.0 International

Licence URL: https://creativecommons.org/licenses/by-nc/4.0/

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