Brexit, the Prerogative, the Courts and Article 9 of the Bill of Rights

12 Pages Posted: 13 Dec 2019 Last revised: 4 Feb 2020

See all articles by Anne Twomey

Anne Twomey

The University of Sydney Law School

Date Written: December 13, 2019

Abstract

This paper considers the Brexit controversies in the United Kingdom from an Australian parliamentary perspective. It addresses the context in which the prorogation crisis arose, the history of the justiciability of prerogative powers, the reasoning of the UK Supreme Court, and issues relevant to parliaments, such as the application of article 9 of the Bill of Rights 1688 to court proceedings about prorogation. It gives a comparative perspective, speculating about how Australian courts might deal with the same issues. It also addresses the question of the validity of advice to the Sovereign or a vice-regal representative to refuse to give royal assent to a bill passed against the wishes of a Government.

Keywords: crown, executive power, reserve powers, Parliament, prorogation, royal assent, prerogative, judicial power, justiciability, parliamentary privilege, parliamentary procedure

JEL Classification: K10, K30

Suggested Citation

Twomey, Anne, Brexit, the Prerogative, the Courts and Article 9 of the Bill of Rights (December 13, 2019). Sydney Law School Research Paper No. 19/79, Available at SSRN: https://ssrn.com/abstract=3503178 or http://dx.doi.org/10.2139/ssrn.3503178

Anne Twomey (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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