Le Cornu v. Att. Gen. [2015] 1 JLR 58 (23 December 2014)
- Citation
- [2015] 1 JLR 58
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Election Petition / Judgment
More details
- Posture
- Election Petition / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court exercised its discretion under art. 61(4) not to void the election because the nomination error was inadvertent and technical, did not affect the result, and the electorate had already voted.
Court disposition
election not declared void
02
Material facts
Parties
Le Cornu
ApplicantAttorney General
Respondent03
Procedural history
Posture
Election Petition / Judgment
04
Questions and positions
Legal issues
Whether a technical, inadvertent failure in candidate nomination requires the election to be declared void under Public Elections (Jersey) Law 2002, art. 61(3)
Party arguments
- Applicant
- The election should be declared void due to a nomination error where the candidate was seconded by a person not entitled to do so.
- Respondent
- The failure was inadvertent and technical, not affecting the substance or result of the election, and the electorate had already exercised their right to vote.
05
Court’s reasoning
Legal principles
- 01
Public Elections (Jersey) Law 2002, art. 61(4)
A court may exercise discretion not to declare an election void for inadvertent, technical failures that do not affect the substance or result of the election.
- 02
ECHR, First Protocol, art. 3
The right of the electorate to vote is a significant consideration in election challenges.
06
Ratio, limits and disposition
Ratio decidendi
The court exercised its discretion under art. 61(4) not to void the election because the nomination error was inadvertent and technical, did not affect the result, and the electorate had already voted.
Obiter and limits
- Very significant that the electorate had already exercised their right to vote under the law and the ECHR.
Court disposition
election not declared void
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Le Cornu v. Att. Gen. [2015] 1 JLR 58 (23 December 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR151058.html Cite as: [2015] 1 JLR 58 [ New search ] [ Help ] Le Cornu v. Att. Gen. 2015 (1) JLR 58 (23 December 2014) Elections-candidates-nominations-court exercised discretion under Public Elections (Jersey) Law 2002, art. 61(4) not to declare election void under art. 61(3) as inadvertent, technical failure to comply with Law (i.e. candidate erroneously seconded by person not entitled to do so) not matter of substance affecting result of election-very significant that electorate had already exercised right to vote (under Part 2 of Law and ECHR, First Protocol, art.
3) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2015 (1) JLR 58 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR151058.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.