UK Supreme Court – CherryCase

UK Supreme Court – Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland)

CherryCase will be heard in the UK Supreme Court on Tuesday 17th September 2019 10:30


Watch the proceedings of the #CherryCase live as the UK Supreme Court hears the appeal in Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland).


1) Whether the challenge to the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is justiciable in the courts.
2) Whether the appeal is in any event academic, given Parliamentary sittings before the UK’s exit from the EU on 31 October 2019?
3) If the appeal is justiciable, whether the Prime Minister’s advice was lawful.

The Inner House held that the issue of prorogation was, in the circumstances, justiciable. When the reasons for the prorogation that has occurred were considered they demonstrated that the true reason for the prorogation was to reduce the time for Parliamentary scrutiny of Brexit and thus prevent Parliament from performing its central role in scrutinising Government action.


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