The claimant a prisoner detained after the expiry of his lfe sentence tariff as dangerous, sought a declaration that the refusal to allow him to register as a voter in prison infringed his human rights.
Held: Such a claim had already succeeded in Scotland, and before the ECHR, and the government was considering how it should meet the finding. The consultation suggested that a prisoner of the category of the claimant would remain excluded. In such circumstances, it would be wrong to consider making a futher declaration of incompatibility pending the outcome of the legislation. Legislation would come before any anticipate European election, and a declaration would be parasitic on the declaration in Smith. It would be offensive to constitutional principles to issue a declaration as a means of placing pressure on the way Parliament conducted its business.
European Convention on Human Rights, Representation of the People Act 1983, European Parliamentary Elections Act 2002
England and Wales
Cited – Hirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
Cited – Bellinger v Bellinger HL 10-Apr-2003
Transgendered Male/Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 25-Jun-2008
The claimant sought to challenge the decision by respondent not to offer a referendum before acceding to the Treaty of Lisbon. The claimant’s case was that the Government’s promise to hold a referendum in relation to the European Union . .
These lists may be incomplete.
Updated: 23 January 2021; Ref: scu.377519