Electoral System in UK Law

Leading Cases
  • R v Rowe, ex parte Mainwaring
    • Court of Appeal
    • 24 Mar 1992

    Some consideration was given during argument to the standard of proof required to establish a breach of the subsection. 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). If there is a prosecution there is no doubt that the case must be proved to the criminal standard of proof.

  • 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 Mar 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.

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

  • Nigel Waterson v (1) Stephen Lloyd MP (2) Rebecca Carr
    • Queen's Bench Division
    • 08 Dic 2011

    On the contrary, I found difficulty in following how a reasonable reader in the circumstances specified in Jeynes could be expected to understand the "scandal" in question to be confined to the mere fact that Mr Waterson made a claim in respect of a mortgage and decoration. There is no attempt by the writers to distinguish what can only be factual statements (such as the amounts of the claims, and the location of the house in Kent) from matters of comment or opinion.

  • R (on the application of James Alistair Preston) v The Lord President of the Council
    • Court of Appeal
    • 25 Oct 2012

    That question obviously does not have to be answered in terms of statistical evidence or specific evidence of actual cases of deterrence. In practice the claimant's assertion about the potential effect of the 15 year rule on free movement is very difficult to demonstrate by any means, because it does not square with ordinary human experience.

  • Ahmed v Kennedy; Ullah v Pagel
    • Court of Appeal
    • 12 Dic 2002

    Flexibility and discretion are all very well but there is merit too in certainty, not least in the field of electoral challenge. It is undesirable to have someone serving in a public office with doubts surrounding the legitimacy of his election.

  • Network Rail Infrastructure Ltd v National Union of Rail, Maritime and Transport Workers
    • Queen's Bench Division
    • 01 Abr 2010

    I think there is a real distinction between taking active steps by sending information to the members concerned, and identifying for them a place where they can go and get the information if they wish to have it. It seems to me that for good policy reasons, it is important that members are given the information which they are entitled to by section 231 actively, rather than merely being told where they can go and get it if they wish to have it.

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Books & Journal Articles
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Law Firm Commentaries
  • Election Special 4: First past the post now - but what will future UK elections look like?
    • Mondaq United Kingdom
    • 10 de Junio de 2010
    ......'s General Election to consider what's on the table in terms of electoral reform. At the 2005 General Election the Labour Party formed a ... a telling demonstration of the inability of the first past the post system to allocate seats in proportion to the percentage of votes cast. The ......
  • Prisioners' Voting Rights - 6 Months Deadline
    • Mondaq United Kingdom
    • 19 de Abril de 2011
    ...... recognised that there are a number of possible ways in which an electoral system can be organised and that the Court's "role in this area is a ......
  • Legal Challenge To Government's Failure To Investigate Russian Threat To UK Democratic Processes
    • Mondaq UK
    • 26 de Noviembre de 2020
    ......United Kingdom's electoral processes from at least the time of. the EU referendum in 2016. There is ..."The Government must do its best to protect our electoral. system and it can only begin to do that effectively if it first. investigates the ......
  • Smith Commission sets scope of Scottish devolution
    • LexBlog United Kingdom
    • 28 de Noviembre de 2014
    The Smith Commission (the “Commission“) has published its report on the further devolution of powers to the Scottish Parliament. Following the independence referendum in September 2014, each of the...
    ...... Parliament legislation on Scottish Parliament franchise, electoral system and membership Scottish Ministers must be fully involved in ......
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