Prorogation of Parliament
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Prorogation in the Westminster system of government involves the temporary suspension or interruption of a parliamentary session without the dissolution of the parliament. During prorogation, the Parliament or legislative body temporarily stops its meetings and activities until a new session begins.
Purpose: Prorogation is typically used to mark the end of one parliamentary session and the beginning of a new one. It allows the government to set out its legislative agenda for the upcoming session, often through the King's Speech. It can also be used to give Members of Parliament a break before the start of a new session.
Authority: In parliamentary systems like the UK, the authority to prorogue Parliament rests with the head of state, usually the monarch, who acts on the advice of the Prime Minister. The Prime Minister advises the monarch on the timing and duration of prorogation.
Duration: Prorogation can vary in duration. It can be a short suspension lasting only a few days or weeks, or it can be a longer suspension, such as the one at the centre of R (Miller) v The Prime Minister and "Cherry v Advocate General for Scotland (2019), where Parliament was prorogued for several weeks.
Controversy: The use of prorogation can be controversial when it is seen as an attempt by the government to limit parliamentary scrutiny or to avoid opposition or unwanted legislation. The cases mentioned earlier revolved around the controversy of whether the Prime Minister's advice to prorogue Parliament was lawful, as it was argued that it was used to limit Parliament's ability to scrutinise the government's Brexit plans.
Constitutional significance: Prorogation is a key aspect of the separation of powers in parliamentary systems. It marks the end of one legislative session and the beginning of a new one, allowing for a fresh start in legislative and policy matters. However, when used inappropriately or excessively, it can raise constitutional and political questions about the balance of power between the executive (government) and the legislature (parliament).
In short, prorogation is an important constitutional procedure in parliamentary systems, but its use and timing can be a matter of political and legal debate, especially when it is seen as a tool to influence or avoid parliamentary processes.
Purpose: Prorogation is typically used to mark the end of one parliamentary session and the beginning of a new one. It allows the government to set out its legislative agenda for the upcoming session, often through the King's Speech. It can also be used to give Members of Parliament a break before the start of a new session.
Authority: In parliamentary systems like the UK, the authority to prorogue Parliament rests with the head of state, usually the monarch, who acts on the advice of the Prime Minister. The Prime Minister advises the monarch on the timing and duration of prorogation.
Duration: Prorogation can vary in duration. It can be a short suspension lasting only a few days or weeks, or it can be a longer suspension, such as the one at the centre of R (Miller) v The Prime Minister and "Cherry v Advocate General for Scotland (2019), where Parliament was prorogued for several weeks.
Controversy: The use of prorogation can be controversial when it is seen as an attempt by the government to limit parliamentary scrutiny or to avoid opposition or unwanted legislation. The cases mentioned earlier revolved around the controversy of whether the Prime Minister's advice to prorogue Parliament was lawful, as it was argued that it was used to limit Parliament's ability to scrutinise the government's Brexit plans.
Constitutional significance: Prorogation is a key aspect of the separation of powers in parliamentary systems. It marks the end of one legislative session and the beginning of a new one, allowing for a fresh start in legislative and policy matters. However, when used inappropriately or excessively, it can raise constitutional and political questions about the balance of power between the executive (government) and the legislature (parliament).
In short, prorogation is an important constitutional procedure in parliamentary systems, but its use and timing can be a matter of political and legal debate, especially when it is seen as a tool to influence or avoid parliamentary processes.
