Millionaire Stuart Wheeler is going to the High Court later to challenge the government's decision not to hold a referendum on the EU's Lisbon Treaty.
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But Mr Wheeler, 73, has won the right to a judicial review of that decision. He says the public had "a legitimate expectation" of a referendum.
The government has said it is "confident" its case is strong.
In March, MPs voted by 346 votes to 206 to approve the EU (Amendment) Bill.
The Bill - now in the Lords - will ratify the Lisbon Treaty, which was drawn up to replace the EU constitution after that was rejected by French and Dutch voters in 2005.
Conservative Party donor Mr Wheeler claims a referendum was promised on the constitution and as, in his eyes, the Lisbon Treaty is virtually identical, it too should be put to a vote.
The two-day review will be heard just days before voters in Ireland, the only EU state holding a referendum, go to the polls.
"I am hoping very much that the court states that the behaviour of the government in the shape of the prime minister and foreign secretary is unlawful because they promised a referendum over and over again and they have gone back on it," Mr Wheeler told the BBC.
"We have had a lot of support. I have had at least ten gifts of Ј5 from pensioners across the country."
'No surprise'
The spread-betting millionaire accused Mr Brown of trying "to push the constitution in via the back door by rebranding a document and presenting it as a completely different text".
At an earlier court hearing, into whether a review should be held, Government lawyers argued that neither Mr Brown nor Foreign Secretary David Miliband had said anything amounting to a promise to hold a referendum.
After Mr Wheeler won the right to a full review, a Foreign Office spokesman said the decision was not a surprise as the threshold for deciding whether a case was arguable was low.
"We are confident of the strength of our case on this occasion and look forward to putting our arguments before the court in more detail in due course," he said.
The House of Lords is due to vote on calls for a referendum on 11 June.
The Lisbon Treaty contains many of the reforms outlined in the constitution, including changes to voting rights and the creation of a European Council president, but drops the name "constitution", a reference to EU symbols and an article on the primacy of EU law.
(BBC)
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