R (On the Application of Miller) v. The Prime Minister Cherry v. Advocate General for Scotland (Miller II)

In the United Kingdom, sessions of Parliament typically last for about one year. Prorogation of Parliament ends a parliamentary session, with the next session to begin a short time later upon a speech by the monarch. The government remains intact during prorogation, but neither house of Parliament can meet, debate policy, or pass legislation. Parliament does not have the power to prorogue itself; rather, the monarch has the power of prorogation and can exercise the power upon the advice of the Privy Council (i.e., a senior advisory board). In connection with Brexit (i.e., the withdrawal of the United Kingdom from the European Union), Parliament passed a law requiring parliamentary approval of any withdrawal agreement between the British government and the European Union. The House of Commons had rejected three proposed withdrawal agreements presented by former Prime Minister Theresa May. However, then-incoming Prime Minister Boris Johnson (defendant) had committed to a scheduled withdrawal date of October 31, 2019, regardless of whether Parliament had approved a withdrawal agreement by that time. Johnson wanted Parliament to be prorogued for roughly five weeks, from early September to mid-October 2019, because Johnson apparently believed that the short time between the start of the new parliamentary session and the withdrawal date would pressure reluctant House of Commons members to approve a withdrawal agreement. On August 28, 2019, Queen Elizabeth II (defendant) approved Johnson’s desired prorogation based on advice Johnson had privately given the Queen. Members of Parliament (plaintiffs) challenged the prorogation in separate actions in English and Scottish courts, questioning whether Johnson’s advice to the Queen was lawful. The lower courts reached opposite conclusions, and the United Kingdom Supreme Court granted review to consider whether the question of the lawfulness of Johnson’s advice was justiciable and, if so, whether the advice was lawful.