Moohan v Lord Advocate

The ban on convicted prisoners voting in the Scottish independence referendum was lawful, because article 3 of Protocol No 1 applies only to elections to the legislature, not referendums.

Citation
[2014] UKSC 67, [2015] AC 901
Court
Supreme Court
Year
2014
Subject
Human Rights Law
Topic
Discrimination, property, education and elections (article 14 and the Protocols)

Facts

Two convicted prisoners serving sentences in Scotland challenged the legislation which excluded convicted prisoners from voting in the referendum on Scottish independence held in 2014. They argued that the ban breached article 3 of Protocol No 1, which guarantees free elections, as interpreted in Hirst v United Kingdom (No 2), and the common law right to vote.

Legal principle

The Supreme Court held, by a majority, that the ban was lawful. Lord Hodge said that article 3 of Protocol No 1 applies only to elections to choose the legislature, and that the consistent case law of the European Court of Human Rights showed that it did not apply to referendums. The court also held that there was no common law right to vote which could override the clear words of the legislation, and that the ban did not breach EU law or international law. Lord Kerr and Lord Wilson dissented.

Related cases on discrimination, property, education and elections (article 14 and the Protocols)

Studying human rights law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions