A Tipperary farmer has failed in his application for leave to seek a judicial review challenging the legality of a second referendum on the Lisbon Treaty.
Mr Justice Liam McKecknie said it is for the people not the court to express their view on the Treaty on 2 October.
In his ruling, Mr Justice McKechnie noted that in the last 50 years a number of issues were put to the people on more than one occasion.
Mr Justice McKecknie said that 'the constitution did not prohibit a question being put to the people on a second occasion. If people have decided on one occasion, it is for the people, not the courts, to express their view on a second occasion. This is democracy working at its most fluid.'
The other referendums that the judge referred to were the proportional representation voting system, the divorce referendums in 1986 and 1995 and the Nice Treaty referendum.
Costs were awarded against Mr Burke.
