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Leah Trueblood: Judicial Review of Prorogation in Canada: The Applicability of Miller/Cherry v Prime Minister to MacKinnon v Canada
Summary by UK Constitutional Law Association
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Leah Trueblood: Judicial Review of Prorogation in Canada: The Applicability of Miller/Cherry v Prime Minister to MacKinnon v Canada
In the opening lines of Miller/Cherry, Lady Hale and Lord Reed, giving the unanimous judgment of the court, say that the case ‘arises in circumstances which have never arisen before and are unlikely to ever arise again.’ The case, they said, is a ‘one off.’ [1] One of the arguments raised by the Applicants in the recent Canadian Federal Court case of MacKinnon v Canada was that, while not legally binding, the analysis of the UKSC in Miller/Cherr…
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