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An extraordinary judgment or constitutional orthodoxy? The Supreme Court’s ruling is both

The circumstances were highly unusual but the Court was upholding a principle as fundamental as they come

By Sionaidh Douglas-Scott  

Media gather outside the Supreme Court in London on Tuesday morning. PHoto: Kirsty O'Connor/PA Wire/PA Images

Today’s Supreme Court judgment in the Miller and Cherry appeals, finding the prime minister’s advice to prorogue parliament unlawful, has already been hailed as extraordinary, as well as one of the most significant constitutional law judgments ever given. It has also attracted warnings of judicial overreach.

However, as Lady Hale made clear at very outset of the judgment, this was a “one-off.” As she stated, “The question arises in circumstances which have never arisen before…

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