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Wednesday, December 22, 2010

Testing, testing, testing

Testing, testing, testing

A big test for David Cameron will come over issues such as giving prisoners the vote.

And this is going to make him sick, he will have to apply the Hirst test.

It is referred to in Frodl v Austria.

Para 34 "Under the Hirst test, besides ruling out automatic and blanket restrictions it is an essential element that the decision on disenfranchisement should be taken by a judge, taking into account the particular circumstances, and that there must be a link between the offence committed and issues relating to elections and democratic institutions".

When I heard that Vince Cable said he could bring the government down, I thought to myself 'Yes, he can get in the queue!'.

1 comment:

Tim said...

Hi John. The new proposals - extending the vote only to those serving under 4 years(?) sounds still very much like a 'blanket restriction' and a 'blunt instrument' to me, and in my opinion will eventually be ruled to be so.