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Sir Steven’s analysis of the respective role of judicial and legislative functions is certainly very authoritative. However, I found it a little strained. It is commonplace for parties to seek declaratory judgements on mixed factual and legal matters, as a means of resolving anticipated disputes that turn on ambiguous or conflicting legal sources. The same can be achieved voluntarily by submitting to arbitration.
It seems to me that there may be circumstances where a parallel exists between citizens who invoke a declaratory remedy to resolve a potential dispute and legislators who cast about to find a means by which to achieve a policy end. In each case identifying the true state of the law is a crucial point in the process.
In this light the protest that the opinion (or the ultimate decision) usurps Parliament is to say that it usurps the role of parliamentary counsel in interpreting the law ; and so may give an impression of special pleading. It also appears to me that where much turns on the outcome, the opinion of a highly experienced judiciary may be preferred to retained career lawyers.