McWhirter and Gouriet, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 5 Mar 2003

Application for leave to appeal against refusal of judicial review of decision to allow ratification of the Treaty of Nice.
Held: Refused. The application concerned matters which were not justiciable. Laws LJ accepted the submission of the Secretary of State that ‘ratification is a step taken on the international plane, and is not governed by domestic law nor operative at the level of domestic law.’

Judges:

Laws LJ

Citations:

[2003] EWCA Civ 384

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Judicial Review

Updated: 18 July 2022; Ref: scu.271056