I think the biggest issue the government has/had is that courts/judges will ultimately try

to reach what they think is the "right" and proper outcome in a case even if that means stretching existing legal principles and the bottom line argument I think they will have in their minds here is the argument put by the claimants that if it is correct to say that the issue can never be judiciable then a prime minister could just prorogue parliament indefinitely for all kinds of underhand motives and there would be nothing that anyone could do about it. It would I think be different if a majority in parliament voted for a prorogue but for the PM to have that power without any checks whatsoever strikes me as a dangerous position for us to be in and I think the judges will try and find a way to make clear that should not be the case.

Posted By: Jim, Sep 24, 09:08:38