R v Secretary of State for Foreign Affairs, ex p Lord Rees-Mogg [1994] QB 552
Citation:R v Secretary of State for Foreign Affairs, ex p Lord Rees-Mogg [1994] QB 552
Rule of thumb:Does a Government Minister have the right to sign/agree an international Treaty without the consent of Parliament? Yes, this is part of the Royal Prerogative; however, it does not have any effect as a primary source of law in the UK until the Treaty is actually ratified through an Act of Parliament.
Judgment:
The facts of this case were that Rees-Mogg argued that the Minister agreeing the Maastricht treaty was a breach of the law – he argued that this had not been properly considered prior to being supposedly agreed. The Court held that this was not forbidden by the European Union Act and that this was further protected with the need for the Treaty to be ratified by Parliament, ‘It is axiomatic that Parliament alone can change the law… treaty-making power is part of the Royal Prerogative’.. Lloyd LJ
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.