Take a look at this part of the government's defence.
Originally Posted by :
14). In relation to ratification of the Treaty of Nice, in R (McWhirter and Gouriet) y Secrefa ry of Sfafe for Foreign and Commonwealth Affairs [2003] EWCA Civ 384, the Court of Appeal accepted the submission of the Secretary of State that "ratification is a step taken on the international plane, and is not governed by domestic law nor operative at the level of dornestic law" ($22).
http://www.stuartwheeler.co.uk/11feb.pdf
In other words the Court of Appeal decided that our country has no jurisdiction over it. International law rules supreme. This is why we need to leave the EU and become self-governing.
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This case undermines the credibility of general election manifestos published by political parties!
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It does do one thing positive though. It shows that the system is absolutely rotten to the core. Recall the alternative scenario. We have been fighting ID cards for sometime now and the issue of the promise made to voters in the manifesto was used to argue the government's case to proceed with it. However they also promised that it would be voluntary, but they weren't so keen to abide by this.
So on the one hand the government can put something in its manifesto that according to the case law I quoted above ( "ratification is a step taken on the international plane, and is not governed by domestic law nor operative at the level of dormestic law") is not under their control but when it suits them they tell us they are bound by manifesto commitments.
Anyway, Stewart Wheeler has done a fine job and he will be remembered for this.
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