jump to navigation

english high court: prorogation not justiciable September 11, 2019

Posted by Bradley in : brexit , trackback

In contrast with the Court of Session, the English High Court held today that the prorogation is not justiciable. At para. 42 the court stated:

The criteria adopted by the courts for identifying non-justiciable exercises of prerogative power are whether they involve matters of “high policy” or are “political”.

And, at para. 47, :

the essential characteristic of a “political” issue is the absence of judicial or legal standards by which to assess the legality of the Executive’s decision or action.

Comments»

no comments yet - be the first?