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R. v Secretary of State for Foreign and Commonwealth Affairs ex p. Rees-Mogg, Court of Appeal - Administrative Court, July 30, 1993, [1993] EWHC Admin 4


No: CO 2040 93
BAILII Citation Number: [1993] EWHC QB 4
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(DIVISIONAL COURT)
Royal Courts of Justice
Strand
London WC2

Date: Friday, 30th July 1993
B e f o r e :
LORD JUSTICE LLOYD
LORD JUSTICE MANN
and
MR JUSTICE AULD
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CROWN OFFICE LIST
R E G I N A
v
SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS
EX PARTE LORD REES MOGG
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(Computer Aided Transcript of the Stenograph Notes of John Larking, Chancery House, Chancery Lane, London WC2 Telephone No: 071 404 7464 071 404 7464
Official Shorthand Writers to the Court)
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MR D PANNICK QC, MR K LINDBLOM, MR R THOMPSON and MR J CALLMAN (instructed by Gouldens, London EC4) appeared on behalf of the Applicant.
MR S KENTRIDGE QC, MR S RICHARDS and MR D ANDERSON (instructed by Treasury Solicitors) appeared on behalf of the Respondent.
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JUDGMENT
Friday, 30th July 1993 LORD JUSTICE LLOYD: The applicant in these proceedings, the Rt. Hon. Lord Rees Mogg, seeks inter alia a declaration that the United Kingdom may not lawfully ratify the Treaty on European Union signed at Maastricht on 7th February 1992. Mr Pannick QC advances three main arguments on his behalf. First, by ratifying the Protocol on Social Policy the Government of the United Kingdom would be in breach of section 6 of the European Parliamentary Elections Act 1978. Secondly, by ratifying the Protocol, the Government would be altering the content of Community Law, without Parliamentary approval. Thirdly, by ratifying Title V of the Treaty, the Government would be transferring part of the Royal Prerogative to community institutions withou...
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