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Michaelmas Term [2013] UKSC 63 On appeal from: [2010] EWCA Civ 1439; [2011] CSIH 67 JUDGMENT R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent) McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) before Lady Hale, Deputy President Lord Hope Lord Mance Lord Kerr Lord Clarke Lord Sumption Lord Hughes JUDGMENT GIVEN ON 16 October 2013 Heard on 10 and 11 June 2013

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Chester v. Secretary of State for Justice

Judgment

Alleged Acts: Two plaintiffs claimed their rights were infringed based on their disenfranchisement. The first plaintiff served the entirety of his sentence and filed suit under the United Kingdom’s Article 3 of Protocol No. 1 claiming that his right to vote in the European Parliamentary Elections was infringed. The second plaintiff finished his sentence, but had several intervening violent offenses and filed his suit under the European Union law exclusively claiming that his right to vote municipal and Scottish Parliamentary elections was infringed.

Procedural history: The lower courts dismissed both claims. The first plaintiff’s claim was dismissed because the court found that it was not their role to sanction the government for delay in implementing the European Court of Human Rights ruling Hirst v. United Kingdom. The second plaintiff’s claim was dismissed because the included the Scottish Parliamentary which were not considered municipal elections and the EU law required the right to vote in municipal elections in member states where the citizen is residing but not citizen. Therefore, the local municipal elections also did not apply. The second plaintiff was denied the opportunity to amend the complaint to include European Parliamentary Elections.

Summary: The court determined that the law does not incorporate any additional voting rights as those outlined in the European Court of Human Rights. If there were relevant provisions that engaged a right to vote beyond the European Court of Human Rights, the court here could merely declare the two inconsistent with the United Kingdom’s laws. Further, the court may not create laws to bring any alleged compatibility, that role would be reserved for Parliament.

Conclusion: Both appeals for infringing voting rights are dismissed are dismissed.

Legal Issue(s)

Judicial Independence
Voter Registration

Region: Europe and Eurasia

Country: United Kingdom

Language of Decision

English

Court: Supreme Court

Election Type: Review of law

Date of decision: Oct 16, 2013

Geolocation

Latitude: 51.58405438621691

Longitude: -0.152343750002267

: Geolocation

Primary Documents

Chester v. Secretary of State for Justice.pdf
english
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