Commentary on provisions of Act Section 3: Non-justiciability of revived prerogative powers
Section 3 confirms that the exercise (or purported exercise) of powers relating to the dissolution of Parliament, and the calling of a new Parliament, is non-justiciable and be reviewed by a court or tribunal. This reaffirms the long standing and generally accepted position that existed prior to the 2011 Act (referred to in paragraphs 8 and 9 above). 1 This provision is included for the avoidance of any doubt that may arise and to preserve the long standing and generally accepted position.
	Section 3 covers any decisions (or purported decisions) relating to the powers to dissolve one Parliament and call another. This is to ensure that any preliminary steps leading to the exercise of these powers – including any request to the Sovereign to dissolve Parliament and any related advice – are non-justiciable and cannot be reviewed by a court or tribunal.
	Section 3 further provides that a court or tribunal cannot consider the limits or extent of those powers. This is to address the distinction drawn by the Supreme Court in Miller v The Prime Minister, Cherry and Others v The Advocate General for Scotland [2019] UKSC 41 as regards the court’s role in reviewing the scope of a prerogative power, as opposed to its exercise. It seeks to clarify that neither is justiciable in the context of decisions relating to the dissolution of one Parliament and the calling of another.