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Vote of no confidence?

19 July 2012 / Craig Barlow , Jason Hadden
Issue: 7523 / Categories: Opinion , Human rights
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Craig Barlow & Jason Hadden consider the Scoppola controversy

When national newspapers and Tory MPs are jumping up and down about a decision on voting in Europe you appreciate that something must be stirring.

In our previous article “Bars & the ballot box” 161 NLJ 7470, p 828, we considered the legality of the UK’s blanket ban on prisoners’ right to vote. We argued that it was relatively easy for the UK to bring domestic law into compliance with Art 3, Protocol 1 of the European Convention on Human Rights (ECHR) by creating a tiered system of disenfranchisement.

In Scoppola v Italy (No 3) (App No 126/05), 17 judges of the grand chamber of the European Court of Human Rights (ECtHR) revisited the law. The court was being asked to consider a convoluted Italian system, whereby suffrage is removed from prisoners not merely during incarceration but for longer. If sentenced to periods of incarceration of between three to five years the right to vote is either suspended for five years

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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