What is the legal limit upon the power to prorogue which makes it compatible with the ability of Parliament to carry out its constitutional functions?

Read the following passage from R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland (Miller No 2) [2019] UKSC 41. ‘48. That principle is not placed in jeopardy if Parliament stands prorogued for the short period which is customary, and as we have explained, Parliament does not in any event expect to be in permanent session. But the longer that Parliament stands prorogued, the greater the risk that responsible government may be replaced by unaccountable government: the antithesis of the democratic model. So the same question arises as in relation to Parliamentary sovereignty: what is the legal limit upon the power to prorogue which makes it compatible with the ability of Parliament to carry out its constitutional functions?’ In light of this passage, what does Miller No 2 tell us about the relevance of the principle of separation of powers in the UK constitution?

Latest Assignment