UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Elizabeth Adams: Prisoners’ Voting Rights: Case Closed?

On 6 December 2018, the Committee of Ministers of the Council of Europe closed the supervision of the prisoners’ voting rights cases against the United Kingdom (UK) and adopted final … Continue reading

January 30, 2019 · 1 Comment

Andrew Geddis: New Zealand’s Supreme Court Considers Prisoner Voting – Twice

New Zealand’s Supreme Court has twice in the past two months turned its attention to the vexed issue of prisoner voting. Its first decision, Attorney-General v Taylor, upheld by a … Continue reading

December 21, 2018 · 1 Comment

Conor Gearty: The Human Rights Act Should Not Be Repealed

There is no reason to repeal the Human Rights Act and the government’s manifesto commitment to do so should be dropped. The objections to it are misconceived, the arguments against … Continue reading

September 17, 2016 · 16 Comments

Graeme Cowie: Prisoners to Devolved Fortune? The Right to Vote and the Scotland Act 2016

The Hirst (No 2) v United Kingdom judgment has proven to be one of the most contentious of decisions of the European Court of Human Rights. Its subject matter, prisoner … Continue reading

May 18, 2016 · Leave a comment

Mikolaj Barczentewicz: Limits of the Domestic Judicial Power to Disregard EU Law – Chester in Reverse

Domestic courts in the United Kingdom have a power (and a duty) to disregard EU law when it exceeds the scope of incorporation by the European Communities Act 1972. It … Continue reading

February 24, 2016 · 1 Comment

Craig Prescott: Conference Report: Prisoner Voting and the Constitution 18th June 2014, Faculty of Laws, UCL

As is well known to readers of this blog, the issue of prisoner voting has been a long running and high profile saga. The Justice Secretary, Chris Grayling has argued … Continue reading

July 9, 2014 · 1 Comment

Helen Fenwick: Prisoners’ Voting Rights, Subsidiarity, and Protocols 15 and 16: Re-creating Dialogue With the Strasbourg Court?

This blog does not intend to rehearse the merits of the prisoners’ voting rights saga. In principle it is hard to muster reasons providing a basis for banning prisoners from … Continue reading

November 27, 2013 · 1 Comment

Alison L. Young: Prisoner Voting: Human or Constitutional Right?

As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human Rights concluded that Section 3(1) of the Representation of the People Act … Continue reading

September 27, 2013 · 5 Comments

Chintan Chandrachud: Prisoner Voting Rights in India

Whether prisoners should have the right to vote has been the subject of intense political debate in the UK for a few years now. In Hirst ((2006) 42 E.H.R.R. 41) … Continue reading

August 8, 2013 · 1 Comment

Paul Reid: Independence, the referendum, the franchise and prisoners: stormy waters ahead?

The Scottish Parliament has started giving legislative effect to the Edinburgh Agreement that was signed in October 2012.  The first measure to be brought before the Parliament earlier this week … Continue reading

March 13, 2013 · 2 Comments

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