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Odinga v. IEBC
Document contents
from other jurisdictions, notably
Australia; New Zealand; Canada; the United Kingdom; Ireland; the
Netherlands; India and South Africa, also makes a clear distinction between
- Question Presented
- Which party has the burden of proof to contest an election?
- Legal Issue(s)
- Disputing Results
- Electoral Integrity
- Region
- Africa
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Sep 1, 2017
Judgment
August v Electoral Commission of South Africa
Document contents
Kingdom and Japan all persons
serving sentences are excluded, while in Denmark, Ireland, Israel, Sweden and Switzerland, all prisoners can
vote.
31
SACHS J
legislation31
- Question Presented
- Whether prisoners retained their constitutional right to vote under the 1996 Constitution, and, if so, whether the IEC was obligated to take active steps to facilitate their registration and voting, particularly in the absence of any parliamentary legislation that explicitly disenfranchised them.
- Legal Issue(s)
- Elections as a Fundamental Right
- Voter Registration
- Voters' Rights
- Region
- Africa
- Country
- South Africa
- Language of Decision
- English
- Date of decision
- Apr 1, 1999
Judgment
Quinn Leandro v. Jonas
Document contents
section 64 of “An Act for the Regulation of Municipal
Corporations in Ireland” governed the hours of voting in elections.59 It stated,
among other things
- Legal Issue(s)
- Disputing Results
- Electoral Administration Irregularities
- Electoral Integrity
- Region
- Americas
- Country
- Antigua and Barbuda
- Language of Decision
- English
- Date of decision
- Oct 27, 2010
Judgment
Baker v. Carr
Document contents
administrative agencies
(Boundary Commissions for England, Scotland, Wales
and Northern Ireland, respectively)." The Commissions, having regard to certain rules prescribed for
- Question Presented
- Whether a claim alleging that a state's legislative apportionment scheme violates the Equal Protection Clause of the Fourteenth Amendment — by diluting the voting power of citizens in overpopulated districts — presents a justiciable controversy or is a non-justiciable "political question" that federal courts lack authority to adjudicate. This issue required the Court to revisit and overturn the precedent of Colegrove v. Green, 328 U.S. 549 (1946), which had held that federal courts should not intervene in reapportionment disputes.
- Legal Issue(s)
- Electoral Maps and Districting
- Voters' Rights
- Region
- Americas
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Mar 26, 1962
Judgment
Bangladesh 16th amendment ruling
Document contents
legislatures
in
Parliament),
Northern
Scotland
Wales
(Wales
Ireland
(Scottish
Assembly)
(Northern
and
Ireland
Assembly): All three bodies can pass primary
legislation
- Question Presented
- Does the 16th amendment, which allows the legislature to remove Supreme Court justices on grounds of incapacity or misconduct, violate the Constitution?
- Legal Issue(s)
- EMB Independence
- Judicial Independence
- Region
- Asia-Pacific
- Country
- Bangladesh
- Language of Decision
- English
- Date of decision
- Jul 3, 2017
Judgment
Attorney General v. Taylor
Document contents
of paying compensation: European Convention on Human
Rights Act 2003 (Republic of Ireland), s 5.
Taylor (CA), above n 4, at [66].
Mandic v Cornwall Park
- Question Presented
- Whether the 2010 Electoral Amendment Act is inconsistent with the Bill of Rights Act due to the provision disenfranchising prisoners
- Legal Issue(s)
- Judicial Independence
- Voter Registration
- Region
- Asia-Pacific
- Country
- New Zealand
- Language of Decision
- English
- Date of decision
- Nov 9, 2019
Judgment
Gandhi v. Narain
Document contents
Speaker by a letter
from the Chief Secretary to the Lord Lieutenant of Ireland which was read to the
House by the Speaker. The detention of a Member
- Question Presented
- Whether legislative acts passed during the appeals process may be retroactively applied to validate an election currently in the courts.
- Legal Issue(s)
- Disputing Results
- Judicial Independence
- Region
- Asia-Pacific
- Country
- India
- Language of Decision
- English
- Date of decision
- Jul 11, 1975
Judgment
Sinnott v. Minister for the Environment
- Question Presented
- Whether the plaintiff's inability to cast a secret ballot based on his visual impairment violated his right to vote.
- Legal Issue(s)
- Elections as a Fundamental Right
- Region
- Europe and Eurasia
- Country
- Ireland
- Language of Decision
- English
- Date of decision
- Mar 30, 2017
Judgment
Chester v. Secretary of State for Justice
Document contents
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)….”
Page 4
Section
- Legal Issue(s)
- Judicial Independence
- Voter Registration
- Region
- Europe and Eurasia
- Country
- United Kingdom
- Language of Decision
- English
- Date of decision
- Oct 16, 2013
Judgment
Caamaño Valle v. Spain
Document contents
The Member States are Belgium,
Bulgaria, Cyprus, Denmark, Estonia, Germany, Greece, Ireland, Lithuania,
Luxembourg, Malta, Poland, Portugal, Romania and Slovakia. This exclusion
- Question Presented
- Whether the rescission of voting rights for disabled person under guardianship based on individualized assessment is legal under Article 3, Protocol No. 1 of the European Convention on Human Rights.
- Legal Issue(s)
- Accessibility
- Region
- Europe and Eurasia
- Country
- Spain
- Language of Decision
- English
- Date of decision
- Aug 11, 2021
Judgment
Strøbye & Rosenlind v. Denmark
Document contents
The Member States are Belgium,
Bulgaria, Cyprus, Denmark, Estonia, Germany, Greece, Ireland, Lithuania,
22
STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
Luxembourg, Malta, Poland
- Question Presented
- Whether the automatic removal of persons contravened Article 3, Protocol No. 1 of European Convention on Human Rights and, consequently, constituted illegal discrimination under Article 14 under the same Convention.
- Legal Issue(s)
- Accessibility
- Voters' Rights
- Region
- Europe and Eurasia
- Country
- Denmark
- Language of Decision
- English
- Date of decision
- Feb 2, 2021
Judgment
Molka v. Poland
Document contents
12
MÓŁKA v. POLAND DECISION
the status of local authorities in Northern Ireland, the Commission observed
that “insofar as these local authorities have a legislative
- Question Presented
- Did Poland violate the European Charter of Human Rights by being indifferent to the inaccessibility of poll stations?
- Legal Issue(s)
- Accessibility
- Region
- Europe and Eurasia
- Country
- Poland
- Language of Decision
- English
- Date of decision
- Apr 11, 2006
Judgment
International Covenant on Civil and Political Rights
Document contents
Union of Soviet
Socialist Republics, United Kingdom of Great Britain and Northern Ireland and United States of America. For the
texts of the said declarations, see No.
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- Legal Issue and/or Topic
- International Treaty
- Language
- English
- Region
- Item does not have this property
Resources
Tanase v. Moldova
Document contents
13378/05, §§ 33 and 34, ECHR 2008; Open Door and
Dublin Well Woman v. Ireland, 29 October 1992, § 44, Series A no. 246-A;
and Klass and Others,
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- Legal Issue and/or Topic
- Election Accessibility
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
- Region
- Item does not have this property
Resources
Zdanoka v. Latvia
Document contents
rights
from persons convicted of serious or financial crimes (see Holland v.
Ireland, no. 24827/94, Commission decision of 14 April 1998, DR 93-A,
p. 15,
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- Legal Issue and/or Topic
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
- Region
- Item does not have this property
Resources
Labita v. Italy
Document contents
concordant inferences or of similar unrebutted
presumptions of fact (see the Ireland v. the United Kingdom judgment of
18 January 1978, Series A no. 25,
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- Legal Issue and/or Topic
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
- Region
- Item does not have this property
Resources
Iskra v. Russia
Document contents
immediate and powerful effect
than print media (see Purcell and Others v. Ireland, no. 15404/89,
Commission decision of 16 April 1991, Decisions and Reports
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- Legal Issue and/or Topic
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
- Region
- Item does not have this property
Resources
Electoral Justice: The International IDEA Handbook
Document contents
court as EDRB
Article 35 of the Constitution of the Republic of Ireland:
‘All judges shall be independent in the exercise of their judicial
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Region
- Item does not have this property
Resources
Measuring Effective Remedies for Fraud and Administrative Malpractice
Document contents
has already
occurred a remedy should still be provided. In McFarlane v Ireland the Court held that Article 13
allows a State to choose between a
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- Legal Issue and/or Topic
- Electoral Fraud
- Language
- English
- Region
- Item does not have this property
Resources
Yumak & Sadak v. Turkey
Document contents
in Europe.
By way of example, Bulgaria, the Czech Republic, Denmark, Estonia,
Ireland, Luxembourg, Malta, Moldova, Norway, Poland, Portugal,
Romania, Russia, Spain, Sweden
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- Legal Issue and/or Topic
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- French
- Region
- Item does not have this property
Resources
Equal Access: How to Include Persons with Disabilities in Elections and Political Processes
Document contents
Guatemala43
Good Practice
Down Syndrome Ireland
launched the My Opinion, My
Vote project in six countries –
Ireland, Italy, Malta, Hungary,
Spain and Denmark
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- Legal Issue and/or Topic
- Election Accessibility
- Language
- English
- Region
- Item does not have this property
Resources
Sitaropoulos v. Greece
Document contents
is permitted in several established democracies in western
Europe, e.g. Germany, Ireland, Spain, Switzerland ... It was also used, for example, in
Bosnia and
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- Legal Issue and/or Topic
- Election Accessibility
- Regional Jurisprudence
- Language
- English
- Region
- Item does not have this property
Resources
In re Magyar Ketfarku Kutya Part v. Hungary
Document contents
these
conditions are satisfied (see, among many other authorities, McFarlane
v. Ireland [GC], no. 31333/06, § 107, 10 September 2010; Vučković and
Others v. Serbia
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- Legal Issue and/or Topic
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- French
- Region
- Item does not have this property
Resources
Communist Party of Russia v. Russia
Document contents
restrictions on reporting on a particular political movement (Purcell
and Others v. Ireland, no. 15404/89, 16 April 1991), or impossibility for
nationals living abroad
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- Legal Issue and/or Topic
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
- Region
- Item does not have this property
Resources
Incal v. Turkey
Document contents
problems linked to the prevention of
terrorism (see, among other authorities, the Ireland v. the United Kingdom
judgment of 18 January 1978, Series A no. 25,
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- Legal Issue and/or Topic
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
- Region
- Item does not have this property
Resources
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers
Document contents
activities in
Northern Ireland by the IRA and various associated groups, operating from the
territory of the Republic of Ireland”.67
Seventeen years later
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Portuguese
- Region
- Item does not have this property
Resources
Election Dispute Resolution Report 2020
Document contents
Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, North
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Region
- Item does not have this property
Resources
Guide to Article 3 of Protocol No. 1 to the European Convention on Human Rights
Document contents
observance by the States of the engagements undertaken by them as
Contracting Parties (Ireland v. the United Kingdom, 18 January 1978, § 154, Series A no. 25, and,
more
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- Legal Issue and/or Topic
- Legal Frameworks
- Language
- English
- Region
- Item does not have this property
Resources
28 shown of 28 entities