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R (Miller) V The Prime Minister
''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 P ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prorogation In The United Kingdom
In United Kingdom constitutional law, prorogation is an act usually used to mark the end of a parliamentary session. Part of the royal prerogative, it is the name given to the period between the end of a session of the UK Parliament and the State Opening of Parliament that begins the next session. The average length of prorogation since 2000 (i.e. calendar days between the date of a new session and prorogation of the previous Session) is approximately 18 days. The parliamentary session may also be prorogued before Parliament is dissolved. The power to prorogue Parliament belongs to the monarch, on the advice of the Privy Council. Like all prerogative powers, it is not left to the personal discretion of the monarch but is to be exercised, on the advice of the prime minister, according to law. Procedure and recall By current practice, Parliament is prorogued by commissioners acting in the sovereign's name. Parliament is always prorogued to a definite day. Parliament, while prorogue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Order In Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' King-in-Council''), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent. Types, usage and terminology Two principal types of Order in Council exist: Orders in Council whereby the King-in-Council exercises the royal prerogative, and Orders in Council made in accordance with an Act of Parliament. In the United Kingdom, orders are formally made in the name of the monarch by the Privy Council ('' King-in-Council or Queen-in-Council''). In Canada, federal Orders in Council are made in the name of the Governor General by the King's Privy Council for Canada; provincial Orders-in-Council are of the Lieutenant-Governor-in-Council by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled ''Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justiciable
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of Standing (law), standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual Adversarial system, adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability is one of several criteria that the United States Supreme Court uses to make a judgment granting ''writ of certiorari'' ("cert."). For an issue to be justiciable by a United States federal court, all of the following conditions must be met: # The parties must not be seeking an advisory opinion. # There must be an actual controversy between the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brexit
Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC or Euratom). The UK is the only sovereign country to have left the EU or the EC. Greenland left the EC (but became an OTC) on 1 February 1985. The UK had been a member state of the EU or its predecessor the European Communities (EC), sometimes of both at the same time, since 1 January 1973. Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws, except in select areas in relation to Northern Ireland. The European Union (Withdrawal) Act 2018 retains relevant EU law as domestic law, which the UK can now amend or repeal. Under the terms of the Brexit withdrawal agreement, Northern Ireland continues to participate in the European Single Market in relation to goods, and to be a member o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elizabeth II
Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states during her lifetime, and was head of state of 15 realms at the time of her death. Her reign of 70 years and 214 days was the longest of any British monarch and the longest verified reign of any female monarch in history. Elizabeth was born in Mayfair, London, as the first child of the Duke and Duchess of York (later King George VI and Queen Elizabeth The Queen Mother). Her father acceded to the throne in 1936 upon the abdication of his brother Edward VIII, making the ten-year-old Princess Elizabeth the heir presumptive. She was educated privately at home and began to undertake public duties during the Second World War, serving in the Auxiliary Territorial Service. In November 1947, she married Philip Mountbatten, a former prince of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
