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On 18 October 2013, judge Paul McDermott rejected the petition, ruling that Jordan had failed to prove the government's advocacy had "materially affected" the referendum result. [28] [29] McDermott ordered a two-week stay on the delivery of the final referendum certificate, to give Jordan an opportunity to appeal his decision to the Supreme Court.
The Supreme Court ruled that Articles 2 and 3, before their alteration in 1999, did not impose a positive obligation upon the state that could be enforced in a court of law. The reference in Article 41 to the family's "imprescriptible rights, antecedent and superior to all positive law" has been interpreted by the Supreme Court as conferring ...