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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Elections - From: 1998 To: 1998

This page lists 1 cases, and was prepared on 21 May 2019.

 
Bowman v The United Kingdom Times, 23 February 1998; 24839/94; (1998) 26 EHRR 1; [1998] ECHR 4
19 Feb 1998
ECHR

Elections, Human Rights
UK Electoral law went too far to restrict freedom of speech when limiting the amounts spent by third parties discussing candidates. The legislative provision in question was held to operate, for all practical purposes, as a total barrier to Mrs Bowman's communication of her views.
The Court emphasised the special importance of article 10 rights in elections: "Free elections and freedom of expression, particularly freedom of political debate, together form the bedrock of any democratic system . . The two rights are inter-related and operate to reinforce each other: for example, as the Court has observed in the past, freedom of expression is one of the "conditions" necessary to "ensure the free expression of the opinion of the people in the choice of the legislature . . For this reason, it is particularly important in the period preceding an election that opinions and information of all kinds are permitted to circulate freely."
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 10; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights 10 - Representation of the People Act 1953
1 Citers

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