Was Boris Johnson's move to prorogue parliament legal?

Boris Johnson took the decision to prorogue parliament for five weeks in the run-up to Britain's deadline for leaving the EU on October 31. His government argues that he was legally able to do so. The preceding parliamentary session was the longest on record and the prorogation was designed to bring it to a natural close. Opposition MPs believe Johnson's motives were to stymy debate and were, therefore, unconstitutional.

No, it was illegal

Johnson's decision was without legal precedent and in breach of the British constitution. It was illegal in the purest sense of the word.

Boris Johnson was in breach of the British constitution

The constitution does not allow a Prime Minister to prorogue parliament for the purpose of stymying debate and bypassing the democratic process.

Boris Johnson had no legal precedent

Parliament has never been prorogued for as long as Mr Johnson proposed, leaving it without legal precedent.

Boris Johnson lied to the Queen

Boris Johnson lied to the Queen in his request to prorogue parliament. He was not honest in his intentions for doing so, making the move unlawful.

Yes, it was legal

Parliament is the master of its own fate and as the leader of the majority party in parliament, Boris Johnson was well within his rights to bring the longest parliamentary session in history to a close.

Parliament is the master of its own proceedings

Parliament alone decides when it will sit and when it should be prorogued. As leader of the majority party, Boris Johnson is allowed to prorogue parliament whenever he chooses.

The UK has no codified constitution

The UK does not have a codified constitution, leaving very few formal restrictions on executive power.

Legal or illegal, it's pointless

Johnson doesn't command a majority in the House of Commons, therefore, any prorogation to outline his legislative agenda is pointless as it will never materialise.

Boris Johnson had no majority

The Conservative Party no longer have a majority in the House of Commons. Therefore, it is pointless proroguing parliament to outline their legislative agenda as none of it will pass.
Explore this question in a whole new way.
This page was last edited on Monday, 16 Sep 2019 at 09:04 UTC