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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Southall & Anor, R (on the appliaction of) v Secretary of State for Foreign & Commonwealth Affairs [2003] EWCA Civ 1002 (14 July 2003) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2003/1002.html Cite as: [2003] EWCA Civ 1002 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT (SILBER J)
Strand, London, WC2A 2LL |
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B e f o r e :
and
LORD JUSTICE SCOTT BAKER
____________________
THE QUEEN ON THE APPLIACTION OF SOUTHALL & ANR |
Appellant |
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- and - |
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SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS |
Respondent |
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Philip Sales (instructed by Treasury Solicitor) for the Respondent
Hearing dates : 4 July 2003
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Crown Copyright ©
Lord Justice Schiemann :
(i) The Court will recognise and protect certain fundamental rights as constitutional
(ii) Amongst those rights is the right of citizens not to be subjected to a new constitution unless they have given their approval to it
(iii) Such approval must be given through the ballot box
(iv) Ratification of the proposed treaty establishing a constitution for Europe necessarily involves a new constitutional settlement for the U.K.
(v) Such a constitutional settlement can lawfully be made only with the consent of Parliament and the people of the U.K.
(vi) The consent of the people should be sought in a referendum held promptly in accordance with the Political Parties Elections and Referendums Act 2000 before the Treaty is ratified
(vii) It is a convention of the constitution of the U.K. that a substantial constitutional change cannot be made (and therefore cannot be adopted) unless such a proposal has been approved by the electorate either as a result of the proposal being included in the manifesto of the party returned to government or in a referendum
i) He submits that it is illegal for the Secretary of State to put before Parliament a draft bill enacting into our law a significant alteration in our constitutional arrangements unless that alteration has first either been expressly approved by the electorate in a referendum or it has impliedly been approved by the electorate electing a party which can command a majority in the House of Commons;
ii) He submits that even if he fails to show illegality, there is an arguable case that the court should declare that it would be contrary to constitutional convention for the Secretary of State to act in such a manner.