header-logo header-logo

16 January 2015
Issue: 7636 / Categories: Case law , Law digest , In Court
printer mail-detail

Elections

Moohan and another v Lord Advocate [2014] UKSC 67, [2014] All ER (D) 186 (Dec)

The proceedings concerned whether the Scottish Independence Referendum (Franchise) Act 2013’s blanket disenfranchisement of convicted prisoners, in relation to the Scottish independence referendum, was ultra vires the Scottish Parliament. The Supreme Court held, inter alia, that the claimants’ claim under Art 3 of Protocol 1 of the European Convention on Human Rights (A3P1) failed. The requirement in A3P1, that elections were held “at reasonable intervals”, suggested that the drafters had not had referendums in mind. The words in their ordinary meaning had not supported a wider view that it had been intended to cover any major political decision which was put to a popular vote, however important that decision might be.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—Molly Rae

Shakespeare Martineau—Molly Rae

Shakespeare Martineau boosts Sheffield corporate team with new appointment

Stone King—Clare Harris

Stone King—Clare Harris

Stone King appoints new head of trusts and estates to spearhead growth as expansion continues

Browne Jacobson—David Hill

Browne Jacobson—David Hill

Browne Jacobson appoints David Hill as new health and life sciences partner with UK and international experience

NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
back-to-top-scroll