Overview
Miller II ([2019] UKSC 41) is a watershed UK constitutional ruling that established that executive advice given to the Monarch to prorogue Parliament is subject to and declared an unlawful 5-week prorogation null and void.
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Case record
R (Miller) v. The Prime Minister / Cherry v. Advocate General for Scotland (Miller II)
Country
United Kingdom
Court
Supreme Court of the United Kingdom
Year
2019
Areas of Law
Constitutional law, Public law, Judicial review
Citation
R (Miller) v. The Prime Minister / Cherry v. Advocate General for Scotland (Miller II), Supreme Court of the United Kingdom (2019)
- Constitutional law
- Public law
- Judicial review
- Justiciability of Royal Prerogative / Prorogation of Parliament
Facts
In September 2019, during intense Parliamentary debates over Brexit deadlines, Prime Minister Boris Johnson advised Queen Elizabeth II to prorogue Parliament for five weeks until October 14. Opponents, including MP Joanna Cherry and Gina Miller, challenged the prorogation, alleging it was designed to prevent Parliament from exercising its constitutional oversight during a critical national period.
Legal Issue
Justiciability of Royal Prerogative / Prorogation of Parliament
Evidence
Order in Council for Prorogation, Prime Minister memorandum notes, parliamentary calendar, and public statements.
Arguments
The Prime Minister argued that prorogation is a non-justiciable political exercise of Royal Prerogative. The applicants argued that prorogation frustrated parliamentary accountability and was subject to .
Judgment
A unanimous 11-judge Supreme Court ruled that the advice given to the Queen was justiciable, unlawful, and that the resulting prorogation was null, void, and of no effect.
Court's Reasoning
The Court held that executive actions must respect and Parliamentary Accountability. Executive advice to prorogue Parliament is unlawful if it has the effect of frustrating Parliament's ability to carry out its constitutional functions without reasonable justification.
Rule / Principle Established
Established that the scope of prerogative powers regarding prorogation is subject to , protecting Parliamentary oversight from executive interference.
Significance
Established that the scope of prerogative powers regarding prorogation is subject to , protecting Parliamentary oversight from executive interference.
Beyond borders
Comparative legal analysis
UK · ** India **
** Can the Prime Minister suspend Parliament without limit? ###
Why compare these jurisdictions?
The United Kingdom and India both have parliamentary systems with constitutional courts, but they approach executive power differently. Miller II (2019) curbed prerogative power in the UK, while India has strong traditions. ###
** India has strong parliamentary sovereignty and constitutional law traditions. **Why preferable to others:** U.S., France, China, and Russia have different traditions. **
Setting the stage
Each system arrived at the same problem from a different direction: how to limit executive overreach. In the UK, the Supreme Court had to decide whether prorogation was lawful. In India, courts have addressed similar issues with presidential power. ###
At a glance
| Topic | UK | India |
|---|---|---|
| Legal Issue | Is prorogation lawful? | Can President dismiss state governments? |
| Constitutional Basis | Parliamentary sovereignty; prerogative power | Article 356; federalism |
| Leading Case | Miller II (2019) | S. R. Bommai (1994) |
| Court's Reasoning | Prorogation prevented parliamentary functions | Federalism is basic structure |
| Outcome | Prorogation declared unlawful | President's Rule subject to judicial review |
Where they agree
Both systems recognize that executive power must be limited, and both courts have issued landmark rulings to define these boundaries. In both countries, the judiciary has played a key role in advancing constitutional law. ###
Where they part ways
The paths diverge in approach. In the UK, Miller II held that prorogation was unlawful because it prevented Parliament from fulfilling its constitutional functions without reasonable justification. The UK approach is -focused. In India, by contrast, S. R. Bommai held that President's Rule under Article 356 is subject to because federalism is a basic feature. The Indian approach is federalism-focused. The result is a more parliamentary approach in the UK and a more federal one in India. ###
Why it matters today
The takeaway for readers is that executive power is not just about authority—it is about accountability. In the UK, the parliamentary approach ensures accountability. In India, the federal approach protects states. For citizens, both systems provide executive limits. ###
Final thoughts
Miller II and S. R. Bommai both gave judges the power to define executive limits, but they approached the problem differently. One protects Parliament; the other protects states. Together, they show that power is not just about authority—it is about responsibility. ***
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Sources & references
- R (Miller) v. The Prime Minister / Cherry v. Advocate General for Scotland (Miller II), Supreme Court of the United Kingdom (2019)
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