iv. the Supreme Court could not itself devise a scheme or
arrangements that would or might pass muster with European
law; that would be for Parliament (para 74);
v. neither of the appellants could have had any arguable claim
for damages in respect of any breach of European law which
may be involved in RPA section 3 and/or EPEA section 8
(paras 82-83).
(C)
European Court of Justice
The resolution of these appeals does not necessitate a reference to
the European Court of Justice. In so far as it raises issues of
European law for determination, they are either not open to
reasonable doubt or involve the application by this Court to the facts
of established principles of European law (para 84).
(D)
Both appeals fall therefore, in my opinion, to be dismissed (para 85).
Legislation
5.
Entitlement to vote in parliamentary and local government elections in the
United Kingdom is governed by the Representation of the People Act 1983
(“RPA”). Section 1, as substituted by section 1 of the Representation of the People
Act 2000, provides that:
“(1) A person is entitled to vote as an elector at a parliamentary
election in any constituency if on the date of the poll he(a) is registered in the register of parliamentary electors for that
constituency;
(b) is not subject to any legal incapacity to vote (age apart);
(c) is either a Commonwealth citizen or a citizen of the Republic of
Ireland; and
(d) is of voting age (that is, 18 years or over)….”
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