Can the Queen Recall Parliament When Boris Johnson Tries to Prorogue It?

Understanding Prorogation and Royal Prerogative

Prorogation is a legal and constitutional procedure within the United Kingdom, involving the temporary suspension of parliament until a new session is called. It is often used by the government to reset legislative priorities and control the parliamentary agenda. Importantly, prorogation is a Royal Prerogative, meaning it is carried out by the Queen.

Technically, the Queen has the power to prorogue parliament. However, in practice, she follows the advice of the prime minister, who is appointed by the Queen and the leader of the majority party in parliament.

The Prime Minister's Role in Prorogation

The Prime Minister cannot prorogue parliament on their own. They can only request the Queen to do so. This means that the ultimate decision to prorogue parliament lies with the Queen. In turn, she can also choose to recall parliament from prorogation, again based on the advice of the prime minister.

Queen's Neutral Role in Politics

The Queen, as the head of state, is expected to be politically neutral. This means that while she can prorogue parliament, she typically does so based on the advice and instructions provided by the prime minister. Similarly, she would recall parliament under the request of the prime minister.

However, the Queen has the discretion to ignore the prime minister's advice in rare circumstances, such as a national emergency that disrupts the normal functioning of government. The current situation regarding Brexit does not qualify as such an emergency.

Imagining a Scenario

Consider the context of Canada, where the Prime Minister can only request the Governor General to prorogue parliament. A similar situation applies in the UK, where the Prime Minister can only request the Queen to prorogue parliament, and she alone retains the power to prorogue it.

Furthermore, the Queen can refuse to prorogue parliament in the first place, adding another layer of control to the process. This means that even if the Prime Minister requests prorogation, the final decision rests with the Queen, ensuring a degree of separation between politics and the constitutional function of the monarchy.

In conclusion, while the Queen retains the power to prorogue and recall parliament, she does so in a manner that respects the constitutional principles of political neutrality and parliamentary sovereignty, maintaining balance and stability within the UK's democratic framework.