Firstly, Johnson is acting within his powers in asking the queen for a prorogation. What's more, such a move is not unusual given that he has already laid down the key areas where his government will direct its focus and action, and the UK is entering a new phase outside the EU, be that with or without a deal.
In effect, while the five-week prorogation seems like a lot, there are effectively between six and nine days removed from debating schedule.
Critics fear the PM is using prorogation to scupper any attempts, including by using nongovernment legislation, to block Britain leaving the EU without a deal.
Prorogation is the official way of pausing Parliament in order to start a new session and bring about a fresh bout of legislation.
Firstly it's absolutely normal that when you have a Queen's speech and move from one session of Parliament to the next, you have a prorogation
. But usually that lasts for a few days.
A recent edited collection by Smith & Jackson (1) presents two divergent views on the constitutional role of the Governor General during 2008 prorogation. (2) Monahan observes that by publicly challenging the legitimacy of the proposed coalition, Harper was unlikely to step aside even if he lost a vote of no confidence.
Based on the identification of four schools of thought on the 2008 prorogation in Canada, (6) it is necessary to first address whether the Governor General has a role when a Prime Minister makes a prorogation request while also facing a vote of no confidence in the House.
By contrast, few expressed the same concern about the 2008 prorogation
, although the outcome of the governor general's decision at that time was far more significant.
If our premiers and prime ministers knew that legislatures would rebuke them for abusing Parliament, we would not have to worry about rogue prorogations
This paper examines the often-ignored prorogation
of 1873, the evolution of the governor general's reserve power over time, and the fundamental differences between dissolution and prorogation
La presente etude se penche sur la prorogation
, souvent meconnue, de 1873, sur l'evolution du pouvoir de reserve du gouverneur general au fil du temps et sur les differences fondamentales qui distinguent la dissolution de la prorogation
Release date- 29082019 - The announcement that Prime Minister Boris Johnson is to request a prorogation
of parliament to run from around 10 September to 14 October is hugely constitutionally problematic, say experts at UCL's Constitution Unit.
Appliquons maintenant la theorie generale au cas de la prorogation
. Etablissons d'abord que le pouvoir de proroger le Parlement repose juridiquement sur la Couronne.
Now let me apply the general theory set out above to prorogation
. First, we should be clear that the power to prorogue parliament legally rests with the Crown.
Only once before in Canadian history had a Prime Minister asked for prorogation
in an effort to avoid facing humiliation as a result of a Commons vote.