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Miller II
''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 the ruling of the Inner House of the Court of Session in ''Cherry'', and overturned the High Court of Justice's ruling in ''Miller''. As a result, the Order in Council ordering the prorogation was null and of no effect an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, and are collectively known as the Supreme Courts of Scotland. 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. Additionally the Supreme Court hears cases on Devolution in the United Kingdom, devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – English law, England and Wales, Scots law, ... [...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 Prorogation is the period between the end of a parliamentary session of Parliament and the beginning of a new session (which begins with the State Opening of Parliam ... [...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. 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 determined by the party in power. In some countries, a session of the legislature is brought to an end by an official act of prorogation, in others by a motion to adjourn ''sine die''. In either event, the close of a session generally brings an end to all unpassed bills in the legislature, which would have to be introduced anew to continue debate in the following session. 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, deve ... [...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 " ll; ineffectual; nugatory; having no legal force or binding effect...." 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 A quasi-contr ... [...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''); however, in other countries, the terminology may vary. Orders-in-Council are distinct from Orders of Council, which are made in the name of the Council without sovereign approval. Types, usage and terminology There are two principal types of order in council: 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 by the monarch with the advice of 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 Lieutenan ... [...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 (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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Session
The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union 1707, Acts of Union which established the Kingdom of Great Britain on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separate Scots law, legal system. Cases at trial court, first instance are heard in the Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House, Edinburgh, Parliament House since 1707. The Scottish Courts and Tribunals Service and the Principal Clerk of Session ... [...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 thre ... [...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, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual 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 relates to the several factors federal courts use to determine whether they have authority to hear the cases brought before them. Rules regarding justiciability can be of either a constitutional or prudential nature. The constitutional rules stem from express or implicit powers and limitations given to the federal courts under Article III. The prudential rules arise from contextual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom's Withdrawal From The European Union
Brexit (, a portmanteau of "Britain" and "Exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU). Brexit officially took place at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET). The UK, which joined the EU's precursors the European Communities (EC) on 1 January 1973, is the only member state to have withdrawn from the EU, although the territories of Greenland (part of the Kingdom of Denmark) previously left the EC in 1985 and Algeria (formerly part of France) left in 1976. Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws but the UK remains legally bound by obligations in the various treaties it has with other countries around the world, including many with EU member states and indeed with the EU itself. The European Union (Withdrawal) Act 2018 retains relevant EU law as domestic law, which the UK can amend or repeal. The EU and its institutions developed gradually after ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2019 British Prorogation Controversy
On 27 or 28 August 2019, the Prime Minister of the United Kingdom Boris Johnson advised Queen Elizabeth II to prorogue Parliament from a date between 9 and 12 September 2019 until the State Opening of Parliament on 14 October 2019. As a result, Parliament was suspended from 9 September until 24 September, when the prorogation was ruled unlawful by the Supreme Court. 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 the final weeks leading up to Brexit. Johnson and his Government defended the prorogation of Parliament as a routine political process that ordinarily follows the selection of a new prime minister and would allow the Government to refocus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen Elizabeth II
Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. She had been queen regnant of List of sovereign states headed by Elizabeth II, 32 sovereign states during her lifetime and was the monarch of 15 realms at her death. Her reign of 70 years and 214 days is the List of monarchs in Britain by length of reign, longest of any British monarch, the List of longest-reigning monarchs, second-longest of any sovereign state, and the List of female monarchs, longest of any queen regnant in history. Elizabeth was born in Mayfair, London, during the reign of her paternal grandfather, King George V. She was 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 Abdication of Edward VIII, the abdic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
