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.
Judges:
Burton J
Citations:
Times 03-Nov-2009
Statutes:
European Convention on Human Rights, Representation of the People Act 1983, European Parliamentary Elections Act 2002
Jurisdiction:
England and Wales
Citing:
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
Transgender Male to 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 . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights, Elections, Constitutional
Updated: 30 June 2022; Ref: scu.377519
