Gina Miller 2019 case study

Events

• Miller said that the prorogation of plmt was exceeding the powers and acting illegally in order to prevent Plmt from thoroughly scrutinising Johnson’s Brexit bill before it was submitted by the deadline

• Proroguing plmt shuts down everything, from the offices to the HoC

Argument - SC/Miller

• Prorogation prevented plmt from carrying out its constitutional functions without justification

• PM acted ultra vires

Argument - govt

• Prorogation is part of their prorogative power

• It’s one of the processses of plmt and was just procedural due to the long parlimentary term

• Was party conference season and allowed parties to get on with this

Significance

• Set precedent for limits of executive power