2019 British Prorogation Controversy
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2019 British Prorogation Controversy
On 28 August 2019, the Parliament of the United Kingdom was ordered to be prorogued by Queen Elizabeth II upon the advice of the Conservative prime minister, Boris Johnson, advice later ruled to be unlawful. The prorogation, or suspension, of Parliament was to be effective from between 9 and 12 September 2019 and last until the State Opening of Parliament on 14 October 2019; in the event, Parliament was suspended between 10 September and 24 September. Since Parliament was to be prorogued for five weeks and reconvene just 17 days before the United Kingdom's scheduled departure from the European Union on 31 October 2019, the move was seen by many opposition politicians and political commentators as a controversial and unconstitutional attempt by the prime minister to avoid parliamentary scrutiny of the Government's Brexit plans in those final weeks leading up to Brexit (withdrawal of the UK from the European Union). Johnson and his Government defended the prorogation of Parliament ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ...
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R (Miller) V The Prime Minister And Cherry V Advocate General For Scotland
''R (Miller) v The Prime Minister'' and ''Cherry v Advocate General for Scotland'' ( 019UKSC 41), also known as ''Miller II'' and ''Miller/Cherry'', were joint landmark constitutional law cases on the limits of the power of royal prerogative to prorogue the Parliament of the United Kingdom. Argued before the Supreme Court of the United Kingdom in September 2019, the case concerned whether the advice given by the prime minister, Boris Johnson, to Queen Elizabeth II that Parliament should be prorogued in the prelude to the United Kingdom's withdrawal from the European Union was lawful. On 24 September 2019, in a unanimous decision by eleven justices, the court found that the matter was justiciable, and that Johnson's advice was unlawful; this upheld ruling of the Inner House of the Court of Session in ''Cherry'', and overturned the High Court of Justice ruling in ''Miller''. As a result, the Order in Council permitting the prorogation was null and of no effect and Par ...
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Monarchy Of The United Kingdom
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man) and the British Overseas Territories. The current monarch is King Charles III, who ascended the throne on 8 September 2022, upon the death of his mother, Queen Elizabeth II. The monarch and their immediate family undertake various official, ceremonial, diplomatic and representational duties. As the monarchy is constitutional, the monarch is limited to functions such as bestowing honours and appointing the prime minister, which are performed in a non-partisan manner. The sovereign is also able to comment on draft laws which directly affect the monarchy. The monarch is also Head of the British Armed Forces. Though the ultimate executive authority over the government is still fo ...
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King-in-Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of approving orders, in the presence of the country's executive council. Norway In Norway, the "King in Council" ( no, Kongen i statsråd) refers to the meetings of the King and the Council of State (the Cabinet), where matters of importance and major decisions are made. The council meets at the Royal Palace and these meetings are normally held every Friday. It is chaired by the king or, if he is ill or abroad, the crown prince. In Norway's Constitution, when formulated as ''King in Council'' (''Kongen i Statsråd'') refers to the formal Government of Norway. When the formulation is merely ''King'', the appointed ministry that the law refers to may alone act with complete authority of the matter assigned in the particular la A decision that is ...
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Royal Prerogative In The United Kingdom
The royal prerogative is a body of customary authority, privilege, and immunity attached to the British monarch (or "sovereign"), recognised in the United Kingdom. The monarch is regarded internally as the absolute authority, or "sole prerogative", and the source of many of the executive powers of the British government. Prerogative powers were formerly exercised by the monarch acting on his or her own initiative. Since the 19th century, by convention, the advice of the prime minister or the cabinet—who are then accountable to Parliament for the decision—has been required in order for the prerogative to be exercised. The monarch remains constitutionally empowered to exercise the royal prerogative against the advice of the prime minister or the cabinet, but in practice would likely only do so in emergencies or where existing precedent does not adequately apply to the circumstances in question. Today, the royal prerogative is available in the conduct of the government of t ...
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Carry-over Motion
In the Parliament of the United Kingdom, a carry-over motion or carry-over bill is a form of motion. Ordinarily a bill that does not receive royal assent by the end of the parliamentary session fails; to become an Act, it must be re-introduced in the following session. A carry-over motion allows the bill to continue its progress at the start of the following session rather than having to start the legislative process again. The bill can still fail notwithstanding a carry-over if an early election is called. Some restrictions apply: #Only government bills can be carried over; backbench and opposition bills cannot be subjected to such a motion. #Bills introduced in the House of Lords cannot be carried over. (Additionally, the Lords has no procedure of its own for carrying bills over.) #Bills can only be carried over once; a bill that was carried over from a previous session cannot be carried over again. #A slightly different procedure applies to "bills brought in upon a ways and mean ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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Bill (law)
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' act of the legislature'', or a ''statute''. Bills are introduced in the legislature and are discussed, debated and voted upon. Usage The word ''bill'' is primarily used in Anglophone United Kingdom and United States, the parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In Napoleonic law nations (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. ''projet de loi''), which is a government-introduced bill, or a "law proposition" (Fr. ''proposition de loi''), a private member's bill. For example the Dutch parliamentary system does not make this terminological distinction (''wetsontwe ...
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Question Time
A question time in a parliament occurs when members of the parliament ask questions of government ministers (including the prime minister), which they are obliged to answer. It usually occurs daily while parliament is sitting, though it can be cancelled in exceptional circumstances. Question time originated in the Westminster system of the United Kingdom, and occurs in other countries, mostly Commonwealth countries, who use the system. In practice, the questions asked in question time are usually pre-arranged by the organisers of each party; although the questions are usually without notice. Questions from government backbenchers are either intended to allow the Minister to discuss the virtues of government policy, or to attack the opposition. A typical format of such a government backbencher's question might be "Could the Minister discuss the benefits of the government's initiative on , and is the Minister aware of any alternative policies in this area?" Australia Question tim ...
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Motion (parliamentary Procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. Such motions, and the form they take are specified by the deliberate assembly and/or a pre-agreed volume detailing parliamentary procedure, such as Robert's Rules of Order, Newly Revised; The Standard Code of Parliamentary Procedure; or Lord Critine's '' The ABC of Chairmanship''. Motions are used in conducting business in almost all legislative bodies worldwide, and are used in meetings of many church vestries, corporate boards, and fraternal organizations. Motions can bring new business before the assembly or consist of numerous other proposals to take procedural steps or carry out other actions relating to a pending proposal (such as postponing it to another time) or to the assembly itself (such as taking a recess). In a parliament, it may also be called a ''parliamentary motion'' and may include legislative motions, budgetary motions, supplem ...
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Parliamentary Committees Of The United Kingdom
The parliamentary committees of the United Kingdom are committees of the Parliament of the United Kingdom. Each consists of a small number of Members of Parliament from the House of Commons, or peers from the House of Lords, or a mix of both, appointed to deal with particular areas or issues; most are made up of members of the Commons. The majority of parliamentary committees are select committees. The remit of these committees vary depending on whether they are committees of the House of Commons or the House of Lords. House of Commons Select committees Select committees in the Commons are designed to oversee the work of departments and agencies, examine topical issues affecting the country or individual regions or nations, and review and advise on the procedures, workings and rules of the House. *Departmental select committees are designed to oversee and examine the work of individual government departments and any related departmental bodies and agencies. *Topical select c ...
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Parliamentary Session
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections. In each country the procedures for opening, ending, and in between sessions differs slightly. A session may last for the full term of the legislature or the term may consist of a number of sessions. These may be of fixed duration, such as a year, or may be used as a parliamentary procedural device. A session of the legislature is brought to an end by an official act of prorogation. In either event, the effect of prorogation is generally the clearing of all outstanding matters before the legislature. Common procedure Historically, each session of a parliament would last less than one year, ceasing with a prorogation during which legislators could return to their constituencies. In more recent times, development in transportation technolog ...
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