Everything You Need to Know About the Parliamentary Process and Brexit

The headlines have been chaotic, the terminology archaic, and the constitutional stakes unusually high.

Here’s the straightforward version of what happened, why it mattered, and how the courts became involved.

1. What Is Prorogation?

Prorogation is the formal act of suspending Parliament. It marks the end of a parliamentary session and normally lasts a few days to two weeks.

During prorogation:

• MPs cannot meet, debate or pass laws
• Committees stop working
• Bills currently in progress fall unless they are formally “carried over”
• No new legislation can be introduced

In late 2019, Boris Johnson advised the Queen to prorogue Parliament for five weeks, from 9 September to 14 October, far longer than usual and only days before the scheduled Brexit deadline. This triggered protests and accusations that the government was trying to silence Parliament.

2. Why Can the Prime Minister Suspend Parliament?

The UK is a constitutional monarchy. The monarch acts on the advice of the Prime Minister under the royal prerogative, a set of historic powers that still exist today.

Key points:

• The Queen must follow the Prime Minister’s advice on prorogation
• She cannot be legally challenged
• But the Prime Minister’s advice can be challenged in court
• Refusing prorogation would cause a constitutional crisis, so convention dictates she accepts the advice

In short: the Prime Minister triggers prorogation, and the monarch formalises it.

3. Why Was This Prorogation Controversial?

Because of timing and length.

• Five weeks was unusually long
• It happened just before the Brexit deadline
• MPs were in the middle of trying to block a no‑deal Brexit
• Parliament would lose the ability to legislate during a critical period

Critics argued the suspension was designed to limit parliamentary scrutiny and prevent MPs from stopping a no‑deal exit.

4. The Legal Challenges

Several legal cases were launched to test whether the suspension was lawful.

Gina Miller and Sir John Major’s Challenge (England and Wales)

Businesswoman Gina Miller and former Prime Minister Sir John Major argued:

• The suspension was undemocratic
• It undermined Parliament’s constitutional role
• It was designed to frustrate MPs ahead of Brexit

The High Court rejected the claim, saying prorogation was a political decision, not a legal one. However, the case was allowed to proceed to the Supreme Court.

The Scottish Case (Cherry and Others)

In Scotland, 75 MPs and peers brought a separate challenge. Lord Doherty initially dismissed it, but the case continued and was also expected to reach the Supreme Court.

The Scottish case focused on whether prorogation was intended to stymie Parliament, which could make it unlawful.

5. What Is the Royal Prerogative?

The royal prerogative is a collection of historic powers exercised by government ministers on behalf of the monarch.

Examples include:

• Proroguing Parliament
• Signing treaties
• Appointing ministers
• Calling general elections (before the Fixed‑term Parliament Act)

These powers are politically controlled but not always legally reviewable, which is why prorogation became such a contested issue.

6. Why Couldn’t Boris Johnson Call an Election?

Because of the Fixed‑term Parliament Act 2011, which requires:

• A two‑thirds majority of MPs to approve an early election, or
• A successful vote of no confidence followed by 14 days without a new government forming

Johnson did not have the required support, so he could not force a snap election.

7. What Does “Having the Whip Removed” Mean?

When an MP “has the whip removed,” they are expelled from their party’s parliamentary group.

They:

• Remain an MP
• Lose the right to sit as a member of their party
• Cannot stand as a candidate for that party unless the whip is restored

Twenty‑one Conservative MPs who voted to block a no‑deal Brexit had the whip withdrawn.

8. Why Did MPs Rush to Pass a No‑Deal Prevention Law?

Because prorogation was imminent.

MPs passed a law requiring the Prime Minister to request a Brexit extension if no deal had been reached by 19 October. This was designed to prevent a no‑deal exit on 31 October.

In Summary

• Prorogation suspended Parliament for five weeks
• Royal prerogative allowed the Prime Minister to request it
• Legal challenges questioned whether the suspension was lawful
• The Fixed‑term Parliament Act blocked an immediate election
• Removing the whip punished MPs who opposed the government
• MPs passed emergency legislation to prevent a no‑deal Brexit

This moment exposed how the UK’s constitutional rules interact with political strategy, and why understanding them matters.