A Northern Ireland High Court judge today granted the Democratic Unionist Party permission to seek a judicial review of Secretary of State John Reid’s decision not to hold assembly elections until May 2003.
Mr Justice Brian Kerr expressed misgivings about the DUP’s case but said the party should be given the opportunity to argue it in court.
He said his ruling did not affect the current validity of Dr Reid’s decision and until the challenge had been heard there was no reason why the business of the Assembly should not continue.
Dr Reid was under a legal obligation to call fresh elections after the Assembly failed to elect a First Minister by midnight last Saturday.
However, after UUP leader David Trimble was successfully re-elected to the position on Tuesday, Dr Reid said the reason for early elections had been nullified.
He therefore called the election for May 2003, when the term of the current Assembly expires.
The anti-agreement DUP has described Dr Reid’s actions as "constitutionally outrageous".
The party said the European Convention on Human Rights compels governments to call elections at regular intervals to express the wishes of the people.
The British government has used several legal loopholes and political manoeuvres to avoid calling elections in the North because most people believe this would leave the DUP and Sinn Fein in the ascendancy.
The DUP has already refused to share power with Sinn Fein, so early elections could plunge the six counties into political turmoil once again.