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Should the courts intervene in prorogation? Expert comment from Professor John McEldowney

Professor John McEldowney from Warwick Law comments on the legal challenges to the Prime Minister's decision to prorogue Parliament:-

"Prorogation in the circumstances of Brexit sits uneasily with ideas of fair play, compromise and negotiation. Its justification has to persuade the electorate as well as individual MPs.

"Legal challenges in the courts to prorogation in Scotland, Northern Ireland and England and Wales are ongoing. The likelihood of success is hard to judge as political choices and decisions are mired in controversy, often making their review complicated and controversial.

"It is clear that the decision to prorogue Parliament can be easily made, but its unintended consequences may be greater than expected.

"There is a growing sense of unease over Brexit. Undoubtedly, the most hallowed institutions of government in the United Kingdom are experiencing severe stress and strain. Our reputation for self-restraint and moderation is being replaced by uncompromising positions that leave little room for careful analysis and scrutiny of complicated and technical issues of constitutional significance."

5 September 2019

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