cherry v advocate general for scotland summary

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x��Zmoۺ�^��A�֑,˶Ά m^��lk�����u�����]�ؿ?$e�Vj��+��IQ���띭��6������YYf����}�]�{׿潫�._ee^��}v>�����X0!����#�8���#��8������;�xw|��c�wv���h�l�i�z��ϋ�,��V�YO�AD�u,�zW(���b�x%���h�HH�����b��A�)H�],��y†��!IX�;L!#haD�[ر=�D�,�u�� ��Ȼ��*orݒg��2���Ɯ�q �v�+������)�5��K�Tz���;ax����&��{��.��_�6��F'lp ��(C��'j8�0OF� n����P3����kN�a��f�� +�\�)I�iC.��. That is a decision of Parliament itself, and a recess can be revoked by Parliament at any time. David Johnston QC appeared for the United Kingdom Government in the Outer House and Inner House hearings with Andrew Webster QC as his junior. Of significance is the length of the prorogation.’‘Prorogation is an act of the executive acting through the Crown. These are all questions which are apt for judicial determination. At such a time Parliament’s second essential constitutional function, the scrutiny of the executive, is of paramount importance.’‘Prorogation has the effect of bringing Parliamentary scrutiny to an end, and thus in the event of challenge any reason for proroguing must be supplied to the court. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The appeal was heard alongside the judicial review proceedings brought by Gina Miller in the courts of England & Wales. The respondent’s pleadings say almost nothing about the reason for the prorogation, and the court was not provided with any other formal statement of the reasons.’ and ‘The critical complaint about the prorogation is not the fact that it occurred; short prorogation is regularly used to start new Parliamentary sessions. This site uses cookies to improve your experience. endobj The complaint rather relates to the length of the period during which Parliament is to be prorogued, without any power to resume sitting during that period.’ Statutes: European Union (Notification of Withdrawal) Act 2017 1, Prorogation Act 1867 1, European Union (Withdrawal) (No 2) Act 2019, Northern Ireland (ExecutiveFormation etc) Act 2019, Claim of Right Act 1689, Act of Settlement 1700 Jurisdiction: Scotland This case cites: (This list may be incomplete) This case is cited by: Last Update: 25 September 2019 Ref: 641198. Kenny McBrearty QC appeared for the BBC and other media at the Inner House hearing, seeking the release of documents referred to in court for the purposes of reporting on the proceedings. My reasons for inferring that are as follows. In the present case the Prime Minister has declined to give a proper and complete account of the Executive’s true reasons for exercising the prerogative to prorogue Parliament for the period specified in the Order. James Mure QC appeared on behalf of the Lord Advocate, James Wolffe QC, intervening on behalf of the Scottish Government at the Inner House and Supreme Court stages alongside the Lord Advocate himself in the Supreme Court. That Parliament was to be prorogued was only announced after the Order was made, on 28 August. The petitioners argued the prorogation should be reduced or quashed. This is not because of the terms of the Claim of Right 1689 or of any speciality of Scots constitutional law, it follows from the application of the common law, informed by applying ‘the principles of democracy and the rule of law’ . Roddy Dunlop QC appeared for the United Kingdom Government at the interim orders hearing. David Welsh, advocate, appeared at all stages throughout the case as junior counsel for the petitioners alongside Aidan O’Neill QC. <>>> After a two-day hearing, the First Division (the Lord President, Lord Brodie and Lord Drummond Young) granted the reclaiming motion, recalled the interlocutor of Lord Doherty and granted a declarator to the effect that the prorogation of the Westminster Parliament had been unlawful. The decision to prorogue Parliament for five weeks was found to have been taken without any reason. The real issue was how the courts should carry out their review, in other words what is the appropriate standard and intensity of review. Since such scrutiny is a central pillar of the good governance principle which is enshrined in the constitution, the decision cannot be seen as a matter of high policy or politics. Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland) On appeals from: [2019] EWHC 2381 (QB) and [2019] CSIH 49. It is now known that a prorogation of some five weeks between 9 September and 14 October was being planned at least as early as 15 August. facsimile: 0131 225 3642 Parliament has no power to revoke it. Merely because a question is in the political sphere does not mean that it is not justiciable. The case focused … Her Majesty's Advocate General for Scotland (Scottish Gaelic: Àrd-neach-tagraidh na Bànrighe airson Alba) is one of the Law Officers of the Crown, whose duty it is to advise the Crown and Government of the United Kingdom on Scots law. As it happens, this was to be demonstrated during the two days of the hearing of the reclaiming motion, but it had been anticipated for some time before that. Parliament has, throughout the year, been allowed to sit.’‘The Executive’s exercise of the power of prorogation of Parliament is accordingly not unlimited or unfettered. Exercise of the power is lawful only if it is consistent with constitutional principle. That planning would seem to have been conducted in conditions of some secrecy. . That was so, as your Lordship in the chair observes, despite the fact that the petitioners’ application with its averments of apprehension of a prorogation had been initiated on 31 July without any subsequent acknowledgement in the respondent’s pleadings that the apprehension was well founded. The Supreme Court will hand down its judgment in the Brexit cases tomorrow morning at 10:30 am. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. <> endobj This explains in part why prorogation is in practice normally only used for very short periods, generally to begin a new Parliamentary session.’ and ‘it is apparent that the United Kingdom’s withdrawal from the EU and its future relationship with the EU are the subject of vigorous debate and controversy. What was also anticipated, not just by the petitioners but in public statements by at least one member of the present cabinet, that a means of preventing such interference would be to prorogue Parliament (and the speaker said he was willing to procure that).

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