One observation about the decision not to hold a referendum about the Lisbon EU Treaty: Danish media have had a lot of coverage about the “strategic” effects of the decision both before and after it was formally announced (would Danish voters be more or less likely to vote yes or no in coming referendums about the Edinburgh opt-outs? Will Anders Fogh Rasmussen get a post in the EU?) but the only attempt at something remotely like a substantive judicial analysis I have been able to find, is Hjalte Rasmussen’s essay in Berlingske Tidende, even if that also is mostly about how the treaty has been put together in order to avoid a (Danish) referendum.
So what we have with regard to the legal substance is a responsum by the Justice Ministry in a very formal legal language and not that much else.
Why did Brad deLong have to be dragged into this? Because he asked for it!