Brexit: Top judges reject legal challenge over plan to suspend Parliament
Rejecting Mrs Miller's case, Lord Justice Burnett said: "We have concluded that, whilst we should grant permission to apply for judicial review, the claim must be dismissed."
Lord Chief Justice Lord Burnett and two other judges at the High Court in London had been urged to find that Mr Johnson's August 28 advice to the Queen to prorogue Parliament for an "exceptional" length of time was an "unlawful abuse of power".
The judges granted permission for the case to go the Supreme Court for an appeal, which will be heard on September 17.