The Queen (on the application of Wheeler) v the PM and For Sec and Speaker Intervening
I was interested in the above judgment which was a judicial review of the failure to have a referendum on the Lisbon Treaty. (see link for detailed judgment).
If you are interested in these things it is worth reading the judgment. However, it can be summarised as:
- The decision not to have a referendum was made by parliament and cannot be touched by the courts. (which was my original expectation and why I was surprised that permission for JR was given)
- The Lisbon Treaty and Constitutional Treaty are different things.
- Even if it has been the constitutional treaty the courts cannot prevent the government changing its mind (manifestos are not judiciable).
- Anything that requires parliamentary proceedings cannot be touched by the courts.
I cannot see how he has any hope on appeal. I cannot see him even getting permission to appeal.