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From time to time on controversial issues such as the Fox Hunting Ban, there have been attempts to force the hand of the Government to change direction using the Law Courts. Under most circumstances, it is a route that is doomed to failure because the Courts are reluctant, quite rightly, to over-rule Parliament.

Yesterday, an action bought through the High Court in London by Stuart Wheeler and aimed to force a Judicial Review of the Governments refusal to hold a Referendum on the European Constitution, was successful. Ultimately I suspect, the action will fail but it does raise some interesting issues.

The Basis of the Case

At the heart of any challenge must be the question as to why if the EU Lisbon Treaty is near enough identical to the EU Constitution on which all Political Parties promised a Referendum on at the last General Election, why is the Labour Government refusing to give us one ?

As every European Leader triumphantly declared, all the key issues and 96% of the Lisbon Treaty is identical to the EU Constitution rejected by the French and Dutch electorate. That in practical terms or in its impacts upon the EU and its structures it is identical, there can be little doubt and if this was the only issue, Stuart Wheeler who has bought this case would be declared an outright winner.

Unfortunately, when it does come before a Court, it will most likely fail on the grounds that Election Manifesto promises, even when blatantly broken, are not enforceable at Law. Buyer Beware; “You elected a bunch of liars to form your Government that is your problem because there is no trading standards or Sale of Goods Act that covers politicians, you may just as well try putting a kite mark on the Devil’s bottom.”

The Court’s Reluctance

There is a very good reason why the Courts are reluctant to over rule Parliament. A Parliament consists of the elected representatives of the people and it is only Parliament that can pass new Laws which the electorate have to fund, therefore the role of the Courts is to interpret the Laws in line with “What Parliament Intended…”

Which is all well and fine when the UK was a sovereign state which due to the stupidity of various Prime Ministers of both Conservative and the Labour, we no longer are with 80% of the Laws by which we are governed being laid upon the British Taxpayer by Brussels which is not subservient to the British Parliament nor the will of the British electorate who never-the-less still have to fund it all.

New Territory

Whilst a Court may well say that a Manifesto Promise is not enforceable at Law all you do is remove the offending Government at the next General Election, is that still true in this case ? This, Government is assigning Parliamentary Powers and civil freedoms developed over very many generations to a foreign body which is not answerable to the British people and these powers with which it was entrusted, belong to the people who it refuses to consult although it promised to at the last election.

Although no lawyer, my contention is that at the very minimum, the Government as to prove before a British Court something it refused to do before the Parliament of this country, that the Treaty of Lisbon is NOT the EU Constitution and if the Princess Diana Inquest can take 6 months, I’m sure that this could take a year providing the Court has the courage to defend the rights of British citizens that have been denied by Parliament. Let us hope we get Judges that have not bought retirement homes in Continental Europe.

The Key Problem With the EU

Whilst some may well argue that we are not being sold into slavery as no Parliament may bind the hands of a successor, this was only true in a world of relatively honourable people and not one where the “Establishment” of politicians, the legal profession and the Civil Service all have a vested interest of being part of the Euro Gravy Train.

The attitude of people like David Milliband, a latter day Sun King of “Let them eat croissants” bodes not very well for civil order in this country or across the EU. People like him should be aware that the appearance of a smug and arrogant ruling elite such as the one he belongs to, has always been the prerequisite for bloody revolution.

The truth is that with an ageing population and a low birth rate among the indigenous European population plus mass economic migration from third world countries to the EU, the picture has changed. The immigrants want a living and have no loyalty or investment in the institutions of the host country, particularly when on arrival they see those same institutions discarded by the natives as worthless, this is the starting point for revolution and war in Europe.

If Stuart Wheeler can force our Parliament to recant and thus force the abandonment of this “Treaty” and all its undemocratic ambitions to enslave the whole of Europe more assuredly than Hitler managed, he will not just be a British Hero but also a European one too.

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