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Moohan, Re Judicial Review: SCS 19 Dec 2013

Outer House – the petitioners, each convicted serving prisoners, complained of the blanket ban on them voting in the referendum on Scottish Independence. Held: The petition was refused. The Act was not a breach of the petitioners’ rights under European law: ‘by enacting the Franchise Act, the Scottish Parliament is not exercising competence in the … Continue reading Moohan, Re Judicial Review: SCS 19 Dec 2013

Moohan and Another v The Lord Advocate: SC 17 Dec 2014

The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses. Held: (Kerr, Wilson JJSC dissenting) The ban did not infringe the prisoners’ human rights. The referendum was not an election to … Continue reading Moohan and Another v The Lord Advocate: SC 17 Dec 2014