Electoral Campaigns in UK Law

Leading Cases
  • R v Rowe, ex parte Mainwaring
    • Court of Appeal (Civil Division)
    • 24 Marzo 1992

    If a person is found guilty of a corrupt practice under section 115 he is liable to be prosecuted on indictment. Furthermore he may be the subject of severe electoral disqualifications under section 160(4). Mr. Tolson submits that the civil standard of proof should obtain before an electoral court otherwise elections which should be set aside may stand on the grounds that a corrupt practice had not been proved to the necessary degree of certainty.

  • Gough v Local Sunday Newspapers (North) Ltd and Another (No. 2); Field v Local Sunday Newspapers (North) Ltd (No.2)
    • Queen's Bench Division
    • 01 Marzo 2002

    Mr Gough was directly involved in the decision to make the application under rule 47. Mr Field told him that he agreed to the application being made if it could properly be done. The question which Mr Gough had to decide was whether, in the circumstances which had arisen, it was permissible to apply under rule 47. It was incumbent upon Mr Gough, who had been asked to advise about the feasibility of using rule 47, to address all these questions.

    Mr Gough came to the conclusion that on balance an application could be made and that it could be made by the returning officer. It will be apparent from the findings which I earlier made as to the applicable electoral law that it is my view that Mr Gough reached the wrong answers on each of the above questions. But Mr Moloney rightly says that it does not necessarily follow that Mr Gough was negligent.

  • R (Begum (Sultana)) v Tower Hamlets London LBC
    • Queen's Bench Division (Administrative Court)
    • 27 Abril 2006

    Generally speaking, public bodies should be kept to their promises. A public body should not be permitted to resile from a legitimate expectation which it has created in the minds of those members of the public to whom the undertaking which gave rise to the expectation was addressed, or who were affected by the practice which confirmed that expectation, and from which it would be an abuse of the process to resile.

  • R (Island Farm Development Ltd) v Bridgend County Borough Council
    • Queen's Bench Division (Administrative Court)
    • 25 Agosto 2006

    The reality is that Councillors must be trusted to abide by the rules which the law lays down, namely that, whatever their views, they must approach their decision-making with an open mind in the sense that they must have regard to all material considerations and be prepared to change their views if persuaded that they should.

  • Pro-Life Alliance v BBC
    • House of Lords
    • 15 Mayo 2003

    In a society based upon the rule of law and the separation of powers, it is necessary to decide which branch of government has in any particular instance the decision-making power and what the legal limits of that power are. That is a question of law and must therefore be decided by the courts.

  • R (Jackson) v Attorney General
    • House of Lords
    • 13 Octubre 2005

    The Court of Appeal made extensive use of materials from Hansard. That would leave unaffected the use of Hansard material to identify the mischief at which legislation was directed and its objective setting. But trying to discover the intentions of the Government from Ministerial statements in Parliament is constitutionally unacceptable.

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Legislation
  • European Union Referendum Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... to vote as electors at a local government election in any electoral area in Great Britain,(ii) would be entitled to vote as electors at a ... the treasurer to be read in certain cases as references to the campaigns officer) applies for the purposes of this paragraph as it applies for the ... ...
  • Supply and Appropriation (Main Estimates) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... Contributions and refunds towards communication campaigns contracts. Penalty charges, interest and dividends on trading fund loans ... Ireland Act 2009, political development and inquiries, the Electoral Office for Northern Ireland, elections and boundary reviews, legal ... ...
  • Supply and Appropriation (Main Estimates) Act 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ... ... Contributions and refunds towards communication campaigns contracts. Penalty charges, interest and dividends on trading fund loans ... Ireland Act 2009, political development and inquiries, the Electoral Office for Northern Ireland, elections and boundary reviews, legal ... ...
  • The Scottish Elections (Details to appear on Election Material) Regulations 2020
    • Scotland
    • 1 de Enero de 2020
    ... ... (6) of the 2000 Act, the Scottish Ministers have consulted the Electoral Commission ... Citation and commencement Citation and commencement ... (v) a registered campaigns officer under section 25(1) of the 2000 Act 12 (parties with campaigns ... ...
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Books & Journal Articles
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Law Firm Commentaries
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