VocabuLaw

Prorogue

What is it and what does it mean?

Description of the legal term Prorogue:

Prorogation in the British parliamentary context refers to the formal end of a parliamentary session by the monarch, on the advice of the Prime Minister. This term is derived from the Latin ‘prorogare’, meaning to prolong or extend, which presents a historical irony because prorogation, in its modern usage, effectively discontinues the business of Parliament temporarily rather than extending it.

The effects of prorogation are multifold. Firstly, it breaks the parliamentary session, bringing most legislative business to a halt, including the work of committees and any bills that have not yet completed their passage through Parliament. However, certain essential proceedings, such as the receiving Royal Assent for bills or emergency debates, can occur. Secondly, any motions or questions that were before Parliament at the time of the prorogation are effectively nullified and must be reintroduced in the next session if members wish to pursue them. The process is distinct from dissolution, which is the end of a parliamentary term and leads to general elections.

Traditionally, prorogation happens annually and marks the transition between different legislative sessions within the same Parliament. It precedes the State Opening of Parliament, where the monarch delivers the Queen’s Speech outlining the government’s agenda for the coming year. Prorogation is normally a brief period, typically lasting only a few days.

However, prorogation has occasionally sparked controversy when used in a political context, particularly when it is perceived as an attempt by the executive to bypass parliamentary scrutiny or to push through a particular political agenda. Unlike a recess, which is a regular break in parliamentary business where work continues, prorogation prevents Parliament from conducting any business and can be seen as a more drastic measure.

The power to prorogue rests with the monarch but, in practice, it is a prerogative power exercised by the Prime Minister. Since the Fixed-term Parliaments Act of 2011, there have been restrictions on the Prime Minister’s ability to dissolve Parliament; however, prorogation remains a prerogative power and is not constrained by the Act.

Legal context in which the term Prorogue may be used:

One notable recent example of prorogation occurred in 2019, when Prime Minister Boris Johnson advised Queen Elizabeth II to prorogue Parliament for an extended period in the run-up to the United Kingdom’s scheduled departure from the European Union. This move was widely criticized and led to accusations that the Prime Minister was attempting to limit Parliament’s opportunity to debate and influence the government’s Brexit strategy. Critics argued that this was an abuse of the prorogation process and an affront to parliamentary democracy.

The UK Supreme Court weighed in on the debate after a legal challenge was brought. In a landmark judgment, the Court unanimously ruled that the prorogation was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification. As a result, the prorogation was nullified and Parliament was convened again to resume its duties. This judgment emphasized the constitutional significance of parliamentary sovereignty and the checks and balances that ensure the executive is accountable to the legislature.

Another historical instance was in 1997, when Prime Minister John Major’s government was accused of using prorogation to avoid the publication of a report on the “cash-for-questions” scandal that could have been politically damaging. The prorogation effectively delayed the report’s release until after the general election. Critics pointed to this as an example of prorogation being used for political rather than procedural motives.

The significance of prorogation lies in its embodiment of the balance of power between the executive and the legislature within the UK constitutional framework. While it is a standard procedural tool within parliamentary practice, its potential for misuse heightens the vigilance required to prevent executive overreach. The historical and potential consequences of prorogation command continued scrutiny and uphold the importance of parliamentary accountability within British democracy.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.