The decision of the Northern Ireland Secretary to delay Assembly elections for 18 months was described today as "constitutionally outrageous".
Barrister Mr John Larkin for the Democratic Unionist Party was arguing for leave to seek a judicial review to force Dr John Reid to call an early poll.
Judge Mr Justice Brian Kerr said he would decide tomorrow morning whether to allow a full hearing into Dr Reid's decision not to call a new election before May 1st 2003.
In court Mr Larkin said Dr Reid's decision was in breach of the European Convention of Human Rights which called for free elections at regular intervals to express the wishes of the people.
Hard line Unionists are furious that the Northern Ireland Secretary did not immediately trigger a section of the Northern Ireland Act that demands the setting of elections if the Assembly fails to re-elect a First Minister and Deputy First Minister within six weeks of the posts becoming vacant.
That deadline date occurred at midnight on November 2nd. Yesterday Mr David Trimble and Mr Mark Durkan were subsequently elected to the top posts.
Mr Larkin told the court that a trigger occurred for an election and Dr Reid was simply putting it off to a date originally set by parliament.
"That is the situation that ought to at least raise a quizzical eyebrow".
An earlier attempt for leave for a judicial review by the DUP was turned down on Monday when Mr Justice Kerr concluded that Dr Reid had discretion on when to call an election and on which date it should take place.
Mr Paul McGuire, representing the Northern Ireland Secretary, said that his decision to call an election on May 1st 2003 was consistent with what had been argued earlier.
"The Secretary of State has since then deliberated on how to exercise the discretion which he enjoys. He has taken account of ongoing political events and has consulted with the political parties."
Mr McGuire said that Dr Reid's decision was influenced by the successful election yesterday of a First and Deputy First Minister.
He argued that setting a date for an earlier election could have created potential instability.
"In view of all of these matters it couldn't be argued that the Secretary of State's decision is irrational or unreasonable."
PA