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Is the UK Supreme Court rogue to un-prorogue Parliament?

Author

Listed:
  • Constantina P. Tridimas

    (BPP University)

  • George Tridimas

    (University of Ulster)

Abstract

On 24 September 2019, in a unanimous judgment the UK Supreme Court ([2019] UKSC 41) ruled that the Prime Minister’s action to prorogue (suspend) Parliament for 5 weeks in the run-up to the 31-10-2019 deadline of the UK leaving the European Union, was unlawful and of no effect, as it prevented Parliament from carrying out its constitutional functions without reasonable justification. Although the Court did not pronounce on the merits and demerits of Brexit, its decision delighted “Remainers” but appalled “Leavers”. The Court ruling epitomises the potency of constitutional review by an independent judiciary. The paper applies collective choice theory to analyse the ruling of the Supreme Court. This is accomplished by (a) examining the legal basis of the Court ruling; (b) reviewing arguments for judicial review and (c) exploring the effect of the Court as an additional player in the game of collective choice in a spatial decision model.

Suggested Citation

  • Constantina P. Tridimas & George Tridimas, 2020. "Is the UK Supreme Court rogue to un-prorogue Parliament?," European Journal of Law and Economics, Springer, vol. 49(2), pages 205-225, April.
    • Handle: RePEc:kap:ejlwec:v:49:y:2020:i:2:d:10.1007_s10657-020-09647-5
    DOI: 10.1007/s10657-020-09647-5
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    References listed on IDEAS

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    More about this item

    Keywords

    Prorogation of Parliament; UK Supreme Court; Separation of powers; Constitutional judicial review; Judicial independence; Veto players;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances; Revolutions
    • D78 - Microeconomics - - Analysis of Collective Decision-Making - - - Positive Analysis of Policy Formulation and Implementation
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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