Justiciable but not Necessarily Illegal

The UK Supreme Court is about to decide the fate of the UK Government’s decision to prorogue Parliament. Two are the main issues: First, justiciability – whether the Government’s decision can be subject to judicial scrutiny or whether it lies beyond the Judiciary’s remit. Second, if judicial review is available, whether the Government’s decision is lawful. Although the two issues prima facie appear to be distinct, in this case they are intertwined. I believe that the issue of prorogation in this case is justiciable and that the Government’s decision to prorogue falls within the legal boundaries of the Constitution.