Nairn and Others v. The University Courts of St Andrews and Edinburgh and Others [1907] ScotLR 122 (16 November 1907)

Nairn and Others v. The University Courts of St Andrews and Edinburgh and Others [1907] ScotLR 122 (16 November 1907)

Women graduates, though admitted to the register of the General Council by virtue of university ordinances, are not entitled to vote in Parliamentary elections for university constituencies because the relevant statutes, properly construed in light of constitutional principles and legislative history, do not extend the franchise to women. The registrar is not obliged to issue voting papers to persons not legally entitled to vote.

Citation
[1907] ScotLR 122
Parties
Pursuers (applicants): Margaret Nairn and others; Defenders (respondents): The University Courts of St Andrews and Edinburgh and others
Jurisdiction
Scotland
Judgment Date
16 November 1907
Procedural Posture
Civil Action (declarator and Payment) / Appeal (reclaiming Note) From Lord Ordinary's Judgment
Outcome
Appeal dismissed; judgment for defenders affirmed.
Legal Topics
Parliamentary Franchise, University Elections, Women's Suffrage, Statutory Interpretation
Constitutional Law Election Law Education Law Parliamentary Franchise University Elections Women's Suffrage Statutory Interpretation

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Parties

Margaret Nairn and others

Pursuers (applicants)

The University Courts of St Andrews and Edinburgh and others

Defenders (respondents)

Procedural Posture

Civil Action (declarator and Payment) / Appeal (reclaiming Note) From Lord Ordinary's Judgment

Legal Issues

  1. 1 Whether women graduates are entitled to vote in Parliamentary elections for university constituencies under the relevant statutes
  2. 2 Whether the registrar is obliged to issue voting papers to women graduates on the register

Ratio Decidendi

Women graduates, though admitted to the register of the General Council by virtue of university ordinances, are not entitled to vote in Parliamentary elections for university constituencies because the relevant statutes, properly construed in light of constitutional principles and legislative history, do not extend the franchise to women. The registrar is not obliged to issue voting papers to persons not legally entitled to vote.

Court Disposition

Appeal dismissed; judgment for defenders affirmed.

Orders

  • Reclaiming note refused; Lord Ordinary's judgment adhered to; pursuers not entitled to vote or to receive voting papers; no payment due from registrar.