Three other judges also agreed that Mr Hamdi had such a right but went further in rejecting that the government had Congress's authorisation to classify prisoners as enemy combatants and thus detain them without trial.
Labour says the government should not have included the authorisation for the plebiscite in the same bill as measures to reshape parliamentary constituencies: seats are to be made more similar in population size, which will erode some of the advantage Labour derives from having lots of small seats where relatively few votes are needed to win.