Electoral System in UK Law

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

  • Ahmed v Kennedy; Ullah v Pagel
    • Court of Appeal (Civil Division)
    • 12 December 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.

  • 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 March 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 April 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 (The Good Law Project) v Electoral Commission
    • Queen's Bench Division (Administrative Court)
    • 14 September 2018

    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.

  • R (on the application of James Alistair Preston) v The Lord President of the Council
    • Court of Appeal (Civil Division)
    • 25 October 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.

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

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Legislation
  • The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016
    • UK Non-devolved
    • January 01, 2016
    ...... n (n) the Electoral Administration Act 2006 32 ; . o (o) the Political Parties and Elections ... q (q) section 14 of the Parliamentary Voting System and Constituencies Act 2011 35 ; . r (r) the Police Reform and Social ......
  • Cities and Local Government Devolution Act 2016
    • UK Non-devolved
    • January 01, 2016
    ...... . . (c) the structural and boundary arrangements, or electoral arrangements, in relation to local auth. orities under Part 1 of the Local ... arrangements" means the executive arrangements, committee system or prescribed arrangements operated by a local authority under Part 1A of ......
  • Registration of Political Parties Act 1998
    • UK Non-devolved
    • January 01, 1998
    ...... relation to Northern Ireland, has the same meaning as in the  Electoral Law Act Northern Ireland) 1962 , . ‘local government election’ means ... 3(8)(a) of the European Parliamentary Elections Act 1978 (electoral system in Great Britain: meaning of ‘registered party’) for ‘a party ......
  • Political Parties and Elections Act 2009
    • UK Non-devolved
    • January 01, 2009
    ...... An Act to make provision in connection with the Electoral Commission; to make provision about political donations, loans and related ... S-8 . Education about systems of government and EU institutions 8 Education about systems of government ......
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Books & Journal Articles
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Law Firm Commentaries
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