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Government did not abdicate its executive power by entering treaty
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Supreme Court dismisses appeal from decision of High Court, and affirms decision to refuse challenge to European Stability Mechanism Treaty on grounds that, by the treaty, the government had not abdicated its power as the executive organ of the state.
Denham CJ: Challenges to European Stability Mechanism Treaty – appeal from decision of High Court (Laffoy J) – whether treaty incompatible with the constitution – whether treaty should be referred to the Court of Justice – ruling given on 31 July 2012 – reasons for decision – Decision 2011/199/EU – whether an impermissible amendment of the Treaty for the Functioning of the European Union – Fiscal Stability Treaty – injunctive relief sought – sovereignty of the state – foreign policy – power of executive to enter into a treaty – whether government entitled to abdicate its power as the executive organ of the state.
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