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Cherry & Others v Advocate General for Scotland
R (On application of…
Cherry & Others v Advocate General for Scotland
R (On application of Miller) v The Prime Minister [2019] UKSC 41
Background
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Two JR applications: Cherry (Scotland), Miller (England)
Legal arguments
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If so, what legal standards are applied to judge legality?
According to those standards, was the decision lawful?
If unlawful, what remedy?
Supreme Court's decision
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Remedy is declaration that advice was unlawful. Prorogation unlawful so is void and of no effect. Order in Council quashed. Parliament was never prorogued.
11 justices, unanimous decision
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