Nairn and Others v. St Andrews and Edinburgh Universities' University Courts & Others [1908] UKHL 132 (10 December 1908)

Nairn and Others v. St Andrews and Edinburgh Universities' University Courts & Others [1908] UKHL 132 (10 December 1908)

Women graduates of Scottish universities are not entitled to vote in university parliamentary elections because the relevant statutes, when interpreted in their historical and constitutional context, do not confer the franchise on women, and any such change must be made by clear Act of Parliament.

Citation
[1908] UKHL 132
Parties
Appellants (pursuers and Reclaimers): Margaret Nairn and others; Respondents (defenders and Respondents): St Andrews and Edinburgh Universities' University Courts & Others
Jurisdiction
United Kingdom
Judgment Date
10 December 1908
Procedural Posture
Appeal From Court of Session (scotland) / Final Judgment by House of Lords
Outcome
Appeal dismissed with costs/expenses.
Legal Topics
University Franchise, Women's Suffrage, Statutory Construction, Parliamentary Elections
Constitutional Law Election Law Statutory Interpretation University Franchise Women's Suffrage Statutory Construction Parliamentary Elections

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Parties

Margaret Nairn and others

Appellants (pursuers and Reclaimers)

St Andrews and Edinburgh Universities' University Courts & Others

Respondents (defenders and Respondents)

Procedural Posture

Appeal From Court of Session (scotland) / Final Judgment by House of Lords

Legal Issues

  1. 1 Whether women graduates of Scottish universities are entitled to vote in university parliamentary elections under the relevant statutes
  2. 2 Whether women graduates are entitled to receive voting papers for such elections

Ratio Decidendi

Women graduates of Scottish universities are not entitled to vote in university parliamentary elections because the relevant statutes, when interpreted in their historical and constitutional context, do not confer the franchise on women, and any such change must be made by clear Act of Parliament.

Court Disposition

Appeal dismissed with costs/expenses.

Orders

  • Appeal dismissed.
  • Appellants to pay costs/expenses.