“…ed in support of the point are either wrongly decided or cannot stand in the light of the decision of the Supreme Court in R (Miller / Cherry) v Prime Minister [2019] UKSC 41, [2019] 3 WLR 589. In the absence of any statutory power permitting such an interference, the judge should therefore have found that the Guidance was unlawful …”
“…its and it is for the courts to determine the existence of these limits and whether they have been exceeded in any particular case (R (Miller) v Prime Minister [2019] UKSC 41, [2020] AC 373 at [35] to [38], where the Supreme Court drew a distinction between an issue concerning the lawful limits of a prerogative power and whether tho…”