Representation of the People in UK Law

Leading Cases
  • Fox v Stirk and Bristol Electoral Registration Officer
    • Court of Appeal (Civil Division)
    • 12 Mayo 1970

    The second principle is that temporary presence at an address does not make a man a resident there. The third principle is that temporary absence does not deprive a person of his residence. If he happens to be away for a holiday or away for the weekend or in hospital, he does not lose his residence on that account.

  • R (on the application of Chester) v Secretary of State for Justice
    • Supreme Court
    • 16 Octubre 2013

    But there are limits to this process, particularly where the matter has been already to a Grand Chamber once or, even more so, as in this case, twice. It would have then to involve some truly fundamental principle of our law or some most egregious oversight or misunderstanding before it could be appropriate for this Court to contemplate an outright refusal to follow Strasbourg authority at the Grand Chamber level.

  • Conservative and Unionist Central Office v Burrell
    • Court of Appeal (Civil Division)
    • 10 Diciembre 1981

    I infer that by "unincorporated association" in this context Parliament meant two or more persons bound together for one or more common purposes, not being business purposes, by mutual undertakings, each having mutual duties and obligations, in an organisation which has rules which identify in whom control of it and its funds rests and upon what terms and which can be joined or left at will. The bond of union between the members of an unincorporated association has to be contractual.

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

  • R (Animal Defenders International) v Secretary of State for Culture, Media and Sport
    • Queen's Bench Division (Administrative Court)
    • 04 Diciembre 2006

    In summary, the necessity for restrictions on political/social advocacy broadcast advertising outside elections periods has been convincingly shown. It is necessary to protect the rights of others through preventing undue access to the broadcast media based on willingness and ability to pay. At root it supports the soundness of the framework for democratic public debate. The broadcast media remain pervasive and potent throughout the period between elections.

  • RN (Returnees)
    • Asylum and Immigration Tribunal
    • 30 Octubre 2008

    Each case will turn on its own facts and the particular circumstances of the individual are to be assessed as a whole. If such a person (and as we explain below there may be a not insignificant number) is in fact associated with the regime or is otherwise a person who would be returning to a milieu where loyalty to the regime is assumed, he will not be at any real risk simply because he has spent time in the United Kingdom and sought to extend his stay by making a false asylum claim.

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

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Books & Journal Articles
  • Democracy by Default: The Representation of the People Act 2000
    • Núm. 64-1, Enero 2001
    • The Modern Law Review
  • Public or Personal Character in Election Campaigns: A Review of the Implications of the Judgment in Watkins v Woolas
    • Núm. 74-4, Julio 2011
    • The Modern Law Review
    Reviewing the Election Court's decision that a candidate's parliamentary election literature was unlawful under the Representation of the People Act, the Divisional Court held that statements could...
    ...... T ribunal 3 ).Account was also taken of the fact that the Representationof the PeopleAct 1 983 (the Act) describes bothParliamentary and local ......
  • Divisional Courts
    • Núm. 40-3, Julio 1976
    • Journal of Criminal Law, The
    ...... were disparaging of the National Front and intended to dissuade people from voting for their candidate in the forthcoming election. The names and ... the constituency of Blackley, contrary to s.63( 5) of the Representation of the People Act 1949. Secondly, they were charged with distributing a ......
  • Divisional Courts
    • Núm. 46-1, Febrero 1982
    • Journal of Criminal Law, The
    ...... meaning of the Mental Health Act (1959) and the Representation of the 'People Act 1949', section 4 (3). He ordered their ......
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Law Firm Commentaries
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