The effect of the judgement is that since the advice was unlawful, the Order in Council based on that advice was also unlawful, of no effect and Parliament has not in law been prorogued at all. While it is a matter for the respective Speakers in the Commons and the Lords how to put this judgement into effect it seems likely the MPs will be back in the building as soon as they can.
The court was also very clear they were given no justification as to why such an extreme measure was put into effect by the Prime Minister. There was also serious criticism from the Supreme Court as to how the Prime Minister had acted in this matter relating to the powers of Parliament. They said that the Prime Minister's action "had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification". It is no exaggeration to say this is a far reaching decision which will have long term implications for Government, its powers and its constitutional relationships in the future. It remains to be seen how the Prime Minister will react to this damming judgement.
More to follow...
