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Understanding what makes “Miller & Cherry” the most significant judicial statement on the constitution in over 200 years

Monday’s ruling explicated the logic of office-holding within a parliamentary democracy—and reinforced the structures which sustain political life

By Thomas Poole  

The Supreme Court in parliament square. Photo: SOPA Images/SIPA USA/PA Images

The Supreme Court decided in Miller & Cherry that parliament was not prorogued, since the prime minister’s advice to the Queen was unlawful. The temptation is to dissolve the case into Brexit politics. Brexit, combined with parliamentary arithmetic and the Fixed-term Parliaments Act, produced the circumstances that triggered the case, a rupture between government and parliament that is rare within our system. Brexit also brings sharpness and intensity to questions about our political life. But seeing the…

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