Department for Diffrunt People

Spare a shekel for a judicial review, sir?

jacquetta_wheeler.jpgMulti-millionaire Stuart Wheeler (that's his daughter pictured, since you ask) has got his cap out by proxy in the Telegraph this morning, with John Gouriet asking for money to fund Wheeler's attempt to have the Lisbon Treaty made the subject of a judicial review. Gouriet, in Grand Constitutional Words Written In Fire, reckons Wheeler's efforts are of a piece with the 1803 case Marbury v. Madison in the United States.

Marbury v Madison was important because it established the notion of judicial review of legislation in the U.S. Essentially, it set the precedent that courts can go beyond ruling on a case on the base of existing law, and can rule that new laws are "unconstitutional". Which is arguably easier when you have a piece of paper with the word "constitution" on it.

Wheeler and Gouriet clearly see themselves as establishing a new 21st century Magna Carta, which would reset the relationship between the courts and the government. Ironically, in this case, the closest thing we have to a judicial review of new legislation is the European Court of Human Rights. And we're kind of assuming here that Wheeler thinks that's a bad thing. It does seem odd that a man arguing that the Lisbon Treaty is the "most shameful and complete surrender of sovereignty in our island history" (in Gouriet's words) would initiate a process which, if successful, would dramatically reduce parliamentary sovereignty. But you've got to spend those betting millions somewhere, right, Stu?

Incidentally, those of you not familiar with Gouriet's oeuvre should spend a bit of time with him. He's best known for founding the National Association for Freedom with Record Breaker Ross McWhirter. He was a big noise in the Referendum party, for whom he stood for Parliament, and founded Defenders of the Realm with Ross' twin brother Norris in 2003.

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3 Comments

Evan Price said:

There is no 'EU Court of Human Rights'. The EU (founded by the Treaty of Maastricht) and based upont the EEC (founded by earlier treaties dating back to the Treaty of Rome) has absolutely nothing at all to do with what is sometimes called the European Court of Human Rights which is the court connected to the Council of Europe (which has nothing at all to do with the EU's Council of Ministers sometimes also called the Council of Europe when invovling Prime Ministers and Presidents).

Oops. You are, of course, quite correct. Apologies, and I've corrected the language.

ARTHURC said:

You wrote "It does seem odd that a man arguing that the Lisbon Treaty is the "most shameful and complete surrender of sovereignty in our island history" (in Gouriet's words) would initiate a process which, if successful, would dramatically reduce parliamentary sovereignty"

How did you figure that one out? Don't you ever read the debates in Hansard?