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10 December 2009
Issue: 7397 / Categories: Case law , Law reports
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Human rights—Sark—Right to free elections

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R (on the application of Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others [2009] UKSC 9, [2009] All ER (D) 15 (Dec)

Supreme Court, Lord Hope DP, Lord Scott, Lord Brown, Lord Collins SCJJ and Lord Neuberger MR, 1 December 2009

There is no narrow focus on one particular element of democracy under Art 3 of the First Protocol to the European Convention on Human Rights. The electoral rules have to be looked at in the round, and in the light of historical and political factors. Moreover, the rights under that article belong to citizens and not to aliens, and therefore a prohibition on aliens standing for the legislature is not a breach thereof.

David Pannick QC, James Michael Dingemans QC and Jessica Simor (instructed by Withers LLP (UK) and Ozannes (Guernsey)) for the first two claimants. The third claimant appeared in person. Jonathan Crow QC and Ben Hooper (instructed by the Treasury Solicitors) for the defendants.

Sark was a Channel Island populated by about 600. Its

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