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Archive for the ‘Protocol 1 Art. 3 | Free elections’ Category

Updated | Greens and M.T. v. the United Kingdom (application nos. 60041/08 & 60054/08) – Read judgment / press release (which the case summary below is based on) The European Court of Human Rights is to give the UK a deadline of six months in order to allow prisoners to vote in elections, or it [...]

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The Council of Europe, which monitors compliance with European Court of Human Rights judgments, has warned the United Kingdom to stop dragging its feet over the implementation of judgments on politically sensitive issues. In a draft resolution, the Committee on Legal Affairs and Human Rights, which was unanimously adopted on 17 November 2010, said: The [...]

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Robert Elwyn Watkins v Philip James Woolas  [2010] EWHC 2702 (QB) 5 November 2010- read judgment Update – read our 3 December 2010 post on his defeat in the administrative court The Election Court has ruled that the Labour MP for Oldham knowingly and deliberately misled the constituency and as a result his election is [...]

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Updated | The dust has hardly settled on the government’s decision to allow prisoners to vote when, with uncanny timing, the European Court of Human Rights has denied the Austrian government permission to appeal in a similar case involving prisoners’ voting rights. The Strasbourg court has notified Austria that its request for referral of the [...]

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Updated | According to the Daily Telegraph, the prime minister has conceded that the government has no choice but to comply with a five-year-old European Court of Human Rights judgment and grant prisoners voting rights in the next general election. The Telegraph reports: on Wednesday a representative for the Coalition will tell the Court of [...]

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Updated, Tue 21 Sep | It is being reported that Nick Clegg, the deputy prime minister, is looking to end the ban on prisoners voting in elections. If the law were to change, it would represent the end of a very long road for campaigners. However, they have been waiting since 2005 and may well [...]

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The Supreme Court has narrowly held that the UK Independence Party (UKIP) can keep nearly all of a £349,216 donation despite the donor not being a permissible donor at the time of receipt, contrary to party funding rules under the Political Parties, Elections and Referendums Act 2000. The Supreme Court upheld an order originally made [...]

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The Electoral Commission has released its full report into the events surrounding the May 2010 election during which thousands of voters were barred from polling stations due to administrative problems. The Commission, whose report can be  downloaded here, has used the fiasco as a chance to emphasise and bring forward its reform program. The watchdog reports that [...]

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The Council of Europe has expressed “profound regret” that the UK has failed to implement its 5-year-old European Court of Human Rights ruling against the policy which prevents prisoners from voting in elections. In a Committee of Ministers decision, the Council, which monitors compliance with European Court rulings, has: expressed profound regret that despite the [...]

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The Guardian reports today that prisoner voting rights will be back in the public eye this week with critical comments from Europe and increased pressure from compensation claims. Interestingly, the article has now been amended to remove part of a quote from the Ministry of Justice, who had initially said that “Disenfranchisement is an outdated, [...]

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The Electoral Commission, an independent body which sets standards for the running of elections, has released its report on problems experienced by voters during the 2010 General Election. It calls for “urgent action” to ensure that “the restrictive rules which prevented participation should be changed”. This has probably opened the door to legal claims. The [...]

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We posted earlier this week on whether those who were locked out from voting in the 2010 General Election can claim for compensation under the Human Rights Act 1998 (read our post here). Liberty are asking spurned voters to contact them with a view to further legal action. But Joshua Rozenberg argues in this morning’s [...]

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With possibly thousands of people prevented from voting in the 2010 General Election, can those who were locked out claim for compensation for breach of their human rights, and how much are they likely to receive? The legal basis: Article 1 of Protocol 3 to the European Convention on Human Rights, the duty on States to [...]

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See a more recent post on this topic here One of the enduring images of the 2010 General Election will be of long queues of people turned away from polling stations due to lack of facilities. This may well result in legal action. But according to Lord Pannick, the worse scandal may be the exclusion [...]

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The UK General Election takes place today. For the 38% of voters who may yet still change their minds, below are our previous posts on the General Election 2010 and human rights: Promises: The three main parties have set out their stalls on human rights in their manifestos Goodbye HRA? The Human Rights Act may [...]

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