Thursday, 26 June 2008

Wheeler v Office of the Prime Minister

The High Court decided yesterday that the case brought by eurosceptic millionaire Stuart Wheeler held that "the claim lacks substantive merit and should be dismissed. Even if we had taken a different view of the substance of the case, in the exercise of the court's discretion we would have declined to grant any relief, having regard in particular to the fact that Parliament has addressed the question whether there should be a referendum and, in passing the European Union (Amendment) Act 2008, has decided against one"

The case was decided by the High Court, and is therefore at the lowest possible level in the hierarchy of English Courts. Permission to appeal was declined - though Mr Wheeler has said that he will apply directly for such permission from the Court of Appeal.
The law report discuss some very important constitutional issues, and all students of Constitutional Law ought to read this case (particularly from paragraph 45 onwards about 'The implications of the privileges and role of Parliament. It is available at http://www.bailii.org/ew/cases/EWHC/Admin/2008/1409.html

A V Dicey (Defender of the Sovereignty of Parliament)

No comments: