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Disenfranchisement as punishment : European Court of Human Rights, UK and Canadian responses to prisoner voting
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Hodgson, Jacqueline and Roach, Kent (2017) Disenfranchisement as punishment : European Court of Human Rights, UK and Canadian responses to prisoner voting. Public Law, 2017 (3). pp. 450-468.
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Official URL: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Abstract
Whether or not prisoners should enjoy the right to vote is a controversial subject in many democracies but perhaps none more so than in the UK. The issue pits the civil and political rights of some of the most unpopular citizens within society against the strong desire of Parliament to restrict and to limit those rights. In this paper, we examine how the UK has for a decade been able to avoid responding to decisions of the European Court of Human Rights (ECtHR), domestic courts, and the Court of Justice of the European Union (CJEU), that a complete ban on prisoner voting rights contravenes the First Protocol to the European Convention of Human Rights (ECHR), the Charter of Fundamental Rights of the European Union and the Human Rights Act 1998 (HRA). Much of the debate has focused on Parliamentary resistance to the rulings, but we argue that the European and domestic courts bear a good deal of responsibility for this state of affairs.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare J Political Science > JF Political institutions (General) K Law [Moys] > KW European Union Law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Library of Congress Subject Headings (LCSH): | Prisoners -- Legal status, laws, etc -- Great Britain, Prisoners -- Civil rights -- Great Britain, Voting -- Law and legislation -- Great Britain, European Court of Human Rights, Court of Justice of the European Communities | ||||||
| Journal or Publication Title: | Public Law | ||||||
| Publisher: | Sweet & Maxwell Ltd. | ||||||
| ISSN: | 0033-3565 | ||||||
| Official Date: | 31 July 2017 | ||||||
| Dates: |
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| Date of first compliant deposit: | 15 December 2016 | ||||||
| Volume: | 2017 | ||||||
| Number: | 3 | ||||||
| Page Range: | pp. 450-468 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access |
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