The problen is, JL, the judgement says 'will be unlawful'. But there is no law to set the practise of prorogation against. That is where I see the problem. Had there been a legal time limit of the length of prorogation, then I would agree. And also, is it now within the ambit of the Judicial system to be able to rule that 'frustrating or preventing' (filibustering) is illegal in Parliament? What is reasonable justification? And if that filibustering prevents Parliament carrying out its constitutional function, is that subject to challenge under the Judicial system? Mention was also made of an 'Order in Council'. Does it mean that no Government in the future can use this method to get legislation through?
I'm not asking you the above direct, JL, just posing the rhetorical questions. I believe this could leave Parliament open to judicial mischief should someone have the resources to take it down the avenue of judicial appeal.