The UK, famously, does not have a codified constitution. We have the beginnings of what is vaguely termed a “supreme court” but it explicitly does not have a constitutional role.
How, therefore, does Stuart Wheeler intend to argue the case for his proposal to judicially review the government’s decision not to progress with a referendum on the Lisbon Treaty?
To do so would not merely overturn a government decision but effectively a Parliament decision (which has not, lest we forget, actually been made yet). That would mean junking, out of a very high window from St Stephen’s tower, the long cherished notion of Parliamentary sovereignty.
I thought Euro-sceptics loved the notion of Parliamentary sovereignty? Of course, their affection for referendums (albeit only on their terms) does somewhat undermine that view, but surely they haven’t let go of their opposition to the idea of codifying the constitution so that it can’t be simply overturned by a parliamentary vote? If they suddenly love judges deciding everything so much, why the opposition for the Human Rights Act?
Wheeler believes he has an “excellent” chance of winning. I don’t, I should emphasise, share his confidence. But if he does, he will succeed in getting the High Court to completely and utterly rewrite the UK constitution from first principles onwards, with no public or Parliamentary debate and at the behest of a millionaire who made his money through the rater morally dubious route of the gambling industry. Isn’t our “flexible” constitution wonderful?