Permission to appeal application refused in EU Referendum case
24 Tuesday May 2016
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The Supreme Court held an oral hearing of the application for permission to appeal in the case of R (Shindler & Anor) v Chancellor of the Duchy of Lancaster & Anor, with the appeal to follow immediately if permission to appeal was granted.
The Supreme Court has refused permission to appeal and the Court of Appeal judgment will therefore stand.
Giving the Court’s decision, Lady Hale (Deputy President of the Supreme Court) said: “We should make it clear that the question is not whether this particular voting exclusion is justifiable as a proportionate means of achieving a legitimate aim. The question is instead, firstly, whether European Union law applies at all, as only if it does so is there any possibility of attacking an Act of Parliament; and secondly, if so, whether there is any interference with the right of free movement.
Assuming for the sake of argument that European Union law does apply, the Court decided that it is not arguable that there is an interference with right of free movement, for the reasons given by the Divisional Court and the Court of Appeal.
Lady Hale did state that the Court had considerable sympathy for the situation in which the applicants find themselves and understood that this is something which concerns them deeply. However it believed it could not discern a legal basis for challenging this statute. Accordingly the application for permission to appeal is refused.
1 comment
Andrew David Thorburn said:
24/05/2016 at 16:49
At the centre of our law, is the need for, coupled with the right of all individuals, to have equality before the law. This Act of Parliament denies the individual a say in their own future – it strikes at the heart of what is a fundamental for a free society. No one can deny that the consequences could have a serious effect on their well being.
The statute also says European Union law is subordinate to the will of the UK parliament. That is not true and turns everything on it’s head. That Act of Parliament should be attacked for the sham that it is.
Lady Hale has to explain why there is a parting of the ways between European Union law and the vision of how UK law fits into the European Union law landscape. I think we would all like to know why certain groups in the UK, who come under the umbrella of Commonwealth Citizens, can have the vote?
It’s treasonous.