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Unconstitutional prorogation of Parliament

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.
Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author


Publisher:
Sweet and Maxwell
Journal:
Public Law More from this journal
Volume:
2020
Issue:
July
Pages:
529-547
Publication date:
2020-06-17
Acceptance date:
2020-04-01
ISSN:
0033-3565


Language:
English
Keywords:
Pubs id:
1136214
Local pid:
pubs:1136214
Deposit date:
2020-10-06
ARK identifier:

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