Can the Lords vote on the Lisbon Treaty?

! This post hasn't been updated in over a year. A lot can change in a year including my opinion and the amount of naughty words I use. There's a good chance that there's something in what's written below that someone will find objectionable. That's fine, if I tried to please everybody all of the time then I'd be a Lib Dem (remember them?) and I'm certainly not one of those. The point is, I'm not the kind of person to try and alter history in case I said something in the past that someone can use against me in the future but just remember that the person I was then isn't the person I am now nor the person I'll be in a year's time.

The judges hearing Stuart Wheeler’s judicial review into Liebour’s refusal to hold a referendum on the EU not-a-constitution have reserved judgement, promising to make their judgement “as soon as possible”.

They haven’t ruled that not holding a referendum is illegal but they also haven’t ruled that not holding one is legal.  It is very unlikely that the courts will rule in Stuart Wheeler’s favour because that opens up a whole can of worms.  But have they cleverly handed him a lifeline – a stronger case on which to challenge the ratification of the EU not-a-constitution?

By reserving judgement, surely the matter is still sub judice and both the Common and Lords banned from voting on it?  Could the judges be handing Stuart Wheeler the ammunition he needs if the Lords vote in favour of the EU not-a-constitution without a referendum tomorrow?  A legal challenge on the basis that the matter was sub judice when the Lords voted on it could drag on for a long time, maybe even past the deadline for ratification?

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  1. Axel (1214 comments) says:

    i think both houses of parliment are exempt from sub judice isseues, they are also exempt from libel

  2. wonkotsane (1133 comments) says:

    Libel doesn’t apply because of parliamentary privilege. Sub judice literally means “under justice” – it’s not a type of case.

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