R (Miller) v The Prime Minister Cherry v Advocate General for Scotland R (Miller) v The Prime Minister Cherry v Advocate General for Scotland - ImagesGram

R (Miller) v The Prime Minister Cherry v Advocate General for Scotland

R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland (2019) UKSC 41, also known as Miller II and Miller/Cherry, were joint landmark constitutional law cases on the limits of the royal prerogative power to prorogue the Parliament of the United Kingdom. Argued before the Supreme Court of the United Kingdom in September 2019, the case concerned whether the advice given by Prime Minister Boris Johnson to Queen Elizabeth II that Parliament should be prorogued for 34 days in the prelude to the United Kingdom's departure from the European Union was lawful. 

On 24 September 2019, in a unanimous decision by eleven justices, the court found that the advice was unlawful; this upheld the Inner House of the Court of Session ruling in Cherry and overturned the High Court of Justice ruling in Miller. As a result, the Order in Council permitting the prorogation was null and of no effect and Parliament had not been prorogued.