this bit seems to be the nub of the issue:

"...in instances where there is no “boundary” prohibition, a concrete and completed act of government having legal effects and consequences is an essential pre-requisite to the invocation of the supervisory jurisdiction of the High Court"

I suspect we'd be seeing different outcomes if they had prorogued over the actual exit date, but given that they have given Parliament plenty of time before and after in order to do something about it, the practical effect of the prorogation seems to be relatively trivial.

Posted By: CWC, Sep 12, 14:07:17