Miller, R (On the Application Of) v The Prime Minister

Miller, R (On the Application Of) v The Prime Minister

The Prime Minister’s advice to Her Majesty to prorogue Parliament was a political decision, inherently within the prerogative powers, and not justiciable. There are no legal standards or measurable criteria by which the courts can assess the legitimacy or duration of prorogation. The separation of powers and the...

Source-derived case information.

Parties
Claimant: Gina Miller; Defendant: The Prime Minister; First Intervener: The Rt Hon The Baroness Chakrabarti CBE; Second Intervener: The Counsel General for Wales; Third Intervener: The Rt Hon Sir John Major KG CH; Fourth Intervener: The Lord Advocate
Jurisdiction
England and Wales
Judgment Date
11 September 2019
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Prerogative Powers, Parliamentary Sovereignty, Justiciability, Separation of Powers, Rule of Law
Constitutional Law Administrative Law Prerogative Powers Parliamentary Sovereignty Justiciability Separation of Powers Rule of Law

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Summary, issues, holding and outcome

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Parties

Gina Miller

Claimant

The Prime Minister

Defendant

The Rt Hon The Baroness Chakrabarti CBE

First Intervener

The Counsel General for Wales

Second Intervener

The Rt Hon Sir John Major KG CH

Third Intervener

The Lord Advocate

Fourth Intervener

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Prime Minister's advice to prorogue Parliament is justiciable
  2. 2 Whether the advice breached Parliamentary Sovereignty
  3. 3 Whether the advice constituted an abuse of prerogative power

Ratio Decidendi

The Prime Minister’s advice to Her Majesty to prorogue Parliament was a political decision, inherently within the prerogative powers, and not justiciable. There are no legal standards or measurable criteria by which the courts can assess the legitimacy or duration of prorogation. The separation of powers and the political nature of the issue preclude judicial intervention.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review granted
  • Claim dismissed