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KembaraXtra – Legal Terms – Prorogation
Prorogation refers to the formal ending of a session of Parliament by the Crown acting under the royal prerogative, usually on the advice of the Prime Minister. When Parliament is prorogued, parliamentary business comes to an end and pending bills or motions that have not been completed generally lapse unless special arrangements are made. Prorogation differs from dissolution because it does not terminate Parliament itself or require a general election. The procedure is traditionally formal and ceremonial, marking the conclusion of one parliamentary session before another begins. The power forms part of the constitutional powers historically exercised by the Crown.
The legality and limits of prorogation became highly significant in the constitutional case concerning the United Kingdom’s withdrawal from the European Union, commonly known as Miller (No. 2). In that case, the Supreme Court of the United Kingdom held that the prorogation advice given to the Queen was unlawful because it had the effect of frustrating Parliament’s constitutional functions without reasonable justification. The decision emphasized that prerogative powers are subject to legal limits and judicial review. Prorogation therefore occupies an important place in constitutional law and the relationship between government, Parliament, and the courts.
Prorogation refers to the formal ending of a session of Parliament by the Crown acting under the royal prerogative, usually on the advice of the Prime Minister. When Parliament is prorogued, parliamentary business comes to an end and pending bills or motions that have not been completed generally lapse unless special arrangements are made. Prorogation differs from dissolution because it does not terminate Parliament itself or require a general election. The procedure is traditionally formal and ceremonial, marking the conclusion of one parliamentary session before another begins. The power forms part of the constitutional powers historically exercised by the Crown.
The legality and limits of prorogation became highly significant in the constitutional case concerning the United Kingdom’s withdrawal from the European Union, commonly known as Miller (No. 2). In that case, the Supreme Court of the United Kingdom held that the prorogation advice given to the Queen was unlawful because it had the effect of frustrating Parliament’s constitutional functions without reasonable justification. The decision emphasized that prerogative powers are subject to legal limits and judicial review. Prorogation therefore occupies an important place in constitutional law and the relationship between government, Parliament, and the courts.
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