The claimant sought a declaration that the Treaty of Nice should not be ratified unless and until the consent of the people had been sought in a referendum. Silber J had refused permission to apply for judicial review.
Held: The appeal was dismissed. The declarations sought were ‘unsuitable to be the subject of a court pronouncement’. The question of whether or not a referendum should be held before Parliament passed the legislation necessary to incorporate the treaty was ‘a matter of political judgment and not for the courts.’
Judges:
Lord Justice Schiemann, Lord Justice Scott Baker
Citations:
[2003] EWCA Civ 1002
Links:
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, European
Updated: 07 June 2022; Ref: scu.184771
