English Democrats Party, R (On the application of) v Electoral Commission

English Democrats Party, R (On the application of) v Electoral Commission

The Electoral Commission has statutory vires under s.23 PPERA to remove non-compliant descriptions from the Register without party consent; the decision to remove the description was rational in the context of heightened sensitivities following the murder of Jo Cox; and urgency justified the lack of prior consultation.

Parties
Claimant: The English Democrats Party; Defendant: Electoral Commission
Jurisdiction
England and Wales
Judgment Date
14 February 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Party Registration, Statutory Interpretation, Procedural Fairness, Rationality, Vires
Administrative Law Electoral Law Party Registration Statutory Interpretation Procedural Fairness Rationality Vires

Case Brief

Summary, issues, holding and outcome

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Parties

The English Democrats Party

Claimant

Electoral Commission

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Electoral Commission had vires to remove a party description from the Register without the party's consent
  2. 2 Whether the Commission's decision was irrational
  3. 3 Whether the Commission was required to consult the party before removing the description

Ratio Decidendi

The Electoral Commission has statutory vires under s.23 PPERA to remove non-compliant descriptions from the Register without party consent; the decision to remove the description was rational in the context of heightened sensitivities following the murder of Jo Cox; and urgency justified the lack of prior consultation.

Court Disposition

Claim dismissed