Introduction
Reading the recent Miller No. 2 decision you would be forgiven in thinking that Boris Johnson had the chutzpah to advise the Queen to unilaterally decree a whole range of new criminal offences (Proclamations) – all under the guise of the prorogation power.
Indeed, the Miller No. 2 decision paints itself as pure orthodoxy. We are reminded that it is the emphatic duty and quintessential task of a law court to define the scope of a prerogative power, clearly a justiciable matter. And the scope of the prorogation power, so it turns out, is now limited by this rather innocuous-sounding principle (at para [50]):
A decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and…
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Utopia, you are standing in it! 
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