Parliament, in a purported statute, the Benn-Burt Bill, now the European Union (Withdrawal) (No. 2) Act 2019, imposed a statutory duty on the Prime Minister to seek a withdrawal agreement or an extension of Brexit from the EU. That bill passed both houses of Parliament. It received royal assent on September 9, 2019 in consequence of the Queen’s prorogation order which was also to go into effect on September 9, 2019. Why did the bill receive the royal assent on September 9, 2019? The traditional procedure (per Erskine May) is to grant royal assent in regard to all bills which have passed both houses prior to the prorogation’s taking effect.
Now the U.K. Supreme Court has said that the Prime Minister’s advice was illegal, and the Queen’s prorogation order was void. In consequence, Parliament is not in recess, and it will meet because the prorogation order was void. Perhaps it follows that if the Queen’s prorogation order was void, and because the royal assent on the Benn-Burt Bill was only granted in consequence of that void order, then just perhaps the royal assent in regard to the Benn-Burt Bill is equally void, and the Benn-Burt Bill remains a bill, and not a bona fide act of Parliament?
Will Boris Johnson play hard ball with the Supreme Court?
Seth Barrett Tillman, Will Boris Johnson Play Hard Ball with the UK Supreme Court?, New Reform Club (Sept. 24, 2019), <https://reformclub.blogspot.com/2019/09/will-boris-johnson-play-hard-ball-with.html>.