Elections in UK Law

Leading Cases
  • Robinson v Secretary of State for Northern Ireland
    • House of Lords
    • 25 Jul 2002

    The 1998 Act does not set out all the constitutional provisions applicable to Northern Ireland, but it is in effect a constitution. So to categorise the Act is not to relieve the courts of their duty to interpret the constitutional provisions in issue. But the provisions should, consistently with the language used, be interpreted generously and purposively, bearing in mind the values which the constitutional provisions are intended to embody.

    I think that section 16(8) operates in a similar but in one respect significantly different way. Like sections 16(2) and (3) it does not implicitly confer a power to elect the First Minister and deputy First Minister; it assumes the existence of such a power the source of which lies elsewhere.

  • R (The Good Law Project) v Electoral Commission
    • Queen's Bench Division (Administrative Court)
    • 14 Sep 2018

    For example, FRS 102, the Financial Reporting Standard applicable in the UK, defines “expenses” as “decreases in economic benefits during the reporting period in the form of outflows or depletions of assets or incurrences of liabilities that result in decreases in equity, other than those relating to distributions to equity investors.”

    An example discussed in oral argument which provides a good means of testing these conclusions is a case involving spending for referendum purposes on travel and accommodation. Suppose that during a referendum campaign volunteers affiliated with a particular campaign organisation (which is a permitted participant) travel from London to Birmingham by rail to attend a public meeting and stay in a hotel overnight.

    The position would have been different if the money had been given to Mr Grimes for him to use however he chose in promoting a ‘leave’ outcome of the referendum. Such general donations would not in our view have constituted referendum expenses incurred by Vote Leave.

  • R (Miller and Another) v Secretary of State for Exiting the European Union; Re McCord's application
    • Supreme Court
    • 24 Jan 2017

    Subject to any restrictions imposed by primary legislation, the general rule is that the power to make or unmake treaties is exercisable without legislative authority and that the exercise of that power is not reviewable by the courts — see Civil Service Unions case cited above, at pp 397–398. The second proposition is that, although they are binding on the United Kingdom in international law, treaties are not part of UK law and give rise to no legal rights or obligations in domestic law.

  • R (Wheeler) v Office of the Prime Minister
    • Queen's Bench Division (Administrative Court)
    • 25 Jun 2008

    In our judgment, it is clear that the introduction of a Bill into Parliament forms part of the proceedings within Parliament. It is governed by the Standing Orders of the House of Commons (see, in particular, standing order 57(1)). It is done by a Member of Parliament in his capacity as such, not in any capacity he may have as a Secretary of State or other member of the government.

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Books & Journal Articles
  • Elections to council 2012.
    • Nbr. 2011, January 2011
    • Financial Management (UK)
    ...Notice is given that, as the term of office of the council member in each of the following CIMA electoral constituencies (EC) expires at the end of the annual general meeting in June 2012, elections will be held in February 2012. Nominations for cand......
  • Elections to council 2013.
    • Nbr. 2012, February 2012
    • Financial Management (UK)
    ...Retirements by rotation Notice is given that, as the term of office of the council member in each of the following CIMA electoral constituencies (EC) expires at the end of the annual general meeting in June 2013, elections will be held in February ......
  • European Assembly Elections Act 1978
    • Nbr. 42-1, January 1979
    • The Modern Law Review
  • Do Elections Matter for Economic Performance?
    • Nbr. 77-1, February 2015
    • Oxford Bulletin of Economics and Statistics
    In mature democracies, elections discipline leaders to deliver good economic performance. Since the fall of the Soviet Union, most developing countries also hold elections, but these are often marr...
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Law Firm Commentaries
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