Another Good Guy: Government Promises Are Arguably Enforceable

Mr Justice Owen has dealt another blow against the government and in favour of freedom. Gosh! High Court Judges who support freedom seem to be self-propagating at an alarming level. I am sure the government will intervene soon.

The UK government said it could renege on its promise to hold a referendum on a treaty with impunity. It further said that no one could challenge its right to say one thing and mean another. This is the famous Humpy Dumpty Defence:

`I don't know what you mean by "glory,"' Alice said.

Humpty Dumpty smiled contemptuously. `Of course you don't -- till I tell you. I meant "there's a nice knock-down argument for you!"'

`But "glory" doesn't mean "a nice knock-down argument,"' Alice objected.

`When _I_ use a word,' Humpty Dumpty said in rather a scornful tone, `it means just what I choose it to mean -- neither more nor less.'

`The question is,' said Alice, `whether you CAN make words mean so many different things.'

`The question is,' said Humpty Dumpty, `which is to be master - - that's all.'

This is the UK government's absolutely favourite defence.

Why would anyone complain?

On 13 April 2005 the Prime Minister launched the Labour Party manifesto in which the earlier promises of a referendum, as reflected in the EU Bill, were repeated. Following the general election on 5 May, the promise to hold a referendum was repeated. On 13 May 2005 the Prime Minister was reported in The Sun newspaper as saying "we don't know what is going to happen in France, but we will have a referendum on the constitution in any event – and that is a Government promise." On 18 May the Prime Minister confirmed in the House of Commons that there would be a referendum in relation to the Constitutional Treaty, and on 24 May 2005 the Government re-introduced the EU Bill which still contained provision for a referendum, in the House of Commons.

What were the government's excuses (sorry, their defence)?

"They are first that the issue raised by the claim is not justiciable, secondly that the claim is a violation of parliamentary privilege, and thirdly that there was no unambiguous and unqualified representation that a referendum on the Lisbon Treaty would be held."

THEY LOST ON ALL THREE POINTS. That is, 3-0 to freedom on round 1. Round 2 follows and I will update.