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The Supreme Court is rebuilding our constitution

Johnson’s prorogation was struck down as incompatible with the realities of our modern democratic life

By George Peretz  

Gina Miller outside the Supreme Court. Photo: Jonathan Brady/PA Wire/PA Images

The Supreme Court’s unanimous decision today, that Boris Johnson’s decision to advise the Queen to prorogue parliament for five weeks was unlawful, would not have been predicted by most legal commentators a month ago (it certainly wasn’t by me). The general view was that even if a prorogation decision was justiciable (capable of being considered by a court at all) the courts would not wish to delve into the merits of what was a decision of high politics.

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