(From Court of Appeal, Trinidad and Tobago) The appellants, electors in one of the state’s electoral districts, applied for leave to apply for judicial review, seeking remedies to resolve the ongoing constitutional crisis. Their complaint was that the respondent, who at all material times acted as the Prime Minister, had retained (or declared an intention to retain) power in a manner that was unconstitutional and unlawful.
Lord Bingham of Cornhill said: ‘the conduct of government by a Prime Minister and Cabinet collectively responsible and accountable to Parliament lies at the heart of Westminster democracy’.
Judges:
Lord Bingham of Cornhill
Citations:
[2006] UKPC 22
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Cited – Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate SC 24-Sep-2019
Prerogative act of prorogation was justiciable.
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 04 August 2022; Ref: scu.241468
