HRA and Prisoner Voting Flashcards
What is the conflict between rights and democracy in the UK?
Majority rule may undermine fundamental rights, raising issues about the rule of law, separation of powers, and the limits of Parliament’s authority
Why is the right to vote important in a democracy?
It legitimises government power and ensures self-governance
What is the right to vote protected and interpreted under?
- Protected under Article 21 of the UDHR
- Interpreted under Article 3, Protocol 1 of the ECHR by the ECtHR to include a right to free and fair elections
What is the UK’s position on prisoner voting?
The Representation of the People Act 1983 imposes a blanket ban on prisoner voting during incarceration
What was held in Hirst v UK (2006)?
The ECtHR ruled the UK’s blanket ban was a disproportionate infringement of the right to vote under Article 3, Protocol 1 ECHR
What was the key principle in Hirst v UK (2006)?
Disenfranchisement must be proportionate, not automatic
What was the UK’s response to Hirst?
Strong political resistance. Parliament refused to change the law, citing parliamentary sovereignty. Some MPs called the court’s ruling judicial activism
What did Scopolla v Italy (2012) decide?
Italy’s law, which only disenfranchised those convicted of serious crimes, was proportionate and did not violate the ECHR.
→ Contrasted with the UK’s blanket ban
What was the significance of Greens and MT v UK (2010)?
ECtHR gave the UK six months to propose reforms, but Parliament chose not to act, reinforcing the sovereignty vs rights protection tension
How did Firth v UK (2014) impact prisoner voting rights?
ECtHR ruled prisoners denied the vote were not entitled to compensation, weakening the practical effects of Hirst
What are the racial implications of prisoner disenfranchisement?
BAME individuals are overrepresented in prisons (e.g., 12% of prisoners are Black, vs. 3% of the population), meaning voting bans disproportionately affect minorities, raising concerns about racial injustice
