Court : UK Supreme Court
..... current (or in some cases recent) residence. the only legal incapacity of any significance relates to convicted prisoners. section 3(1) of the representation of the people act 1983 provides that convicted prisoners are "legally incapable of voting at any parliamentary or local government election." there are limited exceptions for those committed ..... had the unintended effect of excluding from registration not only convicted prisoners, but prisoners on remand, an anomaly which was not corrected until the representation of the people act 2000 allowed remand prisoners to be treated as residing in the place where they were in custody. thirdly, even those prisoners who before ..... that all convicted prisoners should be ineligible to vote. this recommendation was accepted, and effect was given to it by section 3 of the representation of the people act 1969. 128. the rationale of the exclusion of convicted prisoners from the franchise is as complex as the rationale for imprisonment itself. section .....
Tag this Judgment!Court : US Supreme Court
..... 565-566 (1964). one must suspend credulity to believe that the court's draconian response to a trifling 0.6984% maximum deviation promotes "fair and effective representation" for the people of new jersey. the requirement that "as nearly as is practicable, one man's vote in a congressional election is to be worth as much as another ..... , 457 u.s. 1131 (1982). ii article i, 2, establishes a "high standard of justice and common sense" for the apportionment of congressional districts: "equal representation for equal numbers of people." wesberry v. sanders, 376 u. s. 1 , 376 u. s. 18 (1964). precise mathematical equality, however, may be impossible to achieve in an imperfect ..... that this case follows in the path of reynolds and wesberry in insuring the "fair and effective representation" of citizens. no effort is expended to show that art. i, 2's requirement that congressmen be elected "by the people," wesberry v. sanders, 376 u. s. 1 (1964), demands the invalidation of population deviations at .....
Tag this Judgment!Court : US Supreme Court
McIntyre v. Ohio Elections Comm'n - 514 U.S. 334 (1995) OCTOBER TERM, 1994 Syllabus McINTYRE, EXECUTOR OF ESTATE OF McINTYRE, DECEASED v. OHIO ELECTIONS COMMISSION CERTIORARI TO THE SUPREME COURT OF OHIO No. 93-986. Argued October 12, 1994-Decided April 19, 1995 Mter petitioner's decedent distributed leaflets purporting to express the views of "CONCERNED PARENTS AND TAX PAYERS" opposing a proposed school tax levy, she was fined by respondent for violating 3599.09(A) of the Ohio Code, which prohibits the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature. The Court of Common Pleas reversed, but the Ohio Court of Appeals reinstated the fine. In affirming, the State Supreme Court held that the burdens 3599.09(A) imposed on voters' First Amendment rights were "reasonable" and "nondiscriminatory" and therefore valid. Declaring that 3599.09(A) is intended to identify persons who distribute campai...
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..... judgment of the supreme court of ohio, that the referendum provision of the state constitution, when applied to a law redistricting the state with a view to representation in congress, was not unconstitutional. article i, 4, plainly gives authority to the state to legislate within the limitations therein named. such legislative action is ..... be redistricted. the constitution itself provides in article i, 2, that "the house of representatives shall be composed of members chosen every second year by the people of the several states," and we are of the opinion that, under this provision, in the absence of the creation of new districts, additional representatives allotted ..... to district lines in aid of the election of certain federal officials, prescribing one of the essential details serving primarily the federal government, and secondly the people of the state. the legislature is designated as a mere agency to discharge the particular duty. the governor's veto has no relation to such matters; .....
Tag this Judgment!Court : US Supreme Court
..... prospective client once she knows of the client s debtor status, that suggestion only proves my point. cf. nosscr brief 25 (describing deterrent effect of offsets on representation). in the end, the government has no compelling response to the fact that today s decision will make it more difficult for the neediest litigants to find ..... . but it is common sense that increasing the risk that an attorney will not receive a fee award will inevitably decrease the willingness of attorneys to undertake representation in these kinds of cases. second, the government contends that any disincentive the fear of administrative offset may create is mitigated in the social security context by ..... represented before the court by an attorney obtains a favorable judgment, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the benefits award and may certify the full amount of the statutory fees award for payment to such attorney out .....
Tag this Judgment!Court : UK Supreme Court
..... , commonwealth and european union citizens are entitled to register on an electoral register in the electoral area in which they reside section 4 of the representation of the people act 1983. if a donor is not qualified to be entered on an electoral register in the united kingdom it is not unrealistic to treat that ..... political parties. this appeal centres on chapter ii of part iv under the heading, "restrictions on donations to registered parties", and more particularly on donations from people not permitted to donate which a party nevertheless accepts (impermissible donations as i shall henceforth refer to them). section 58 of the act applies to such donations ..... : those who were eligible to be registered, but who were not registered. the white paper pointed out, however, that, with the introduction of rolling registration, people in that position could readily apply to be registered and it would then be open to a political party to accept a donation from them. "in practice, therefore .....
Tag this Judgment!Court : UK Supreme Court
..... schedule 5 to the 1998 act. an example would be the maximum term of imprisonment on summary conviction of a corrupt practice under section 168(1)(b) of the representation of the people act 1983. 114. section 29(4) of the 1998 act has also to be considered, however, since it contemplates the possibility that a provision whose purpose does not otherwise ..... to a reserved matter. the act would therefore be outside its competence. sometimes, of course, the purpose of a provision may be obscure. and, even when it is not obscure, people may describe the purpose in slightly different ways. but, having regard to its background and its context, i would identify the purpose of section 45 of the 2007 act as .....
Tag this Judgment!Court : US Supreme Court
..... designated by the state legislature. it comes as no surprise that the financial requirements of each county are different. without representation of their own in the state house of representatives, the people of niobrara county could well be forgotten." 536 f.supp. at 784. [ footnote 6 ] in contrast, many ..... are acceptable. even a neutral and consistently applied criterion such as use of counties as representative districts can frustrate reynolds' mandate of fair and effective representation if the population disparities are excessively high. [ footnote 7 ] "[a] state's policy urged in justification of disparity in district population, however ..... s. 843 -846. (c) wyoming's policy of preserving county boundaries justifies the additional deviations from population equality resulting from the provision of representation for niobrara county. considerable population variations would remain even if niobrara county's representative were eliminated. under the 63-member plan, the average deviation per .....
Tag this Judgment!Court : US Supreme Court
..... and also to operate as a standing inducement to negro suffrage." 2467 (mr. boyer). "shall the pardoned rebels of the south include in the basis of representation four million people to whom they deny political rights, and to no one of whom is allowed a vote in the selection of a representative?" 2468 (mr. kelley). ..... ii, 14, of the northwest ordinance of 1787 stated quite specifically: "the inhabitants of the said territory shall always be entitled to the benefits . . . of a proportionate representation of the people in the legislature." [ footnote 55 ] see the discussion in wesberry v. sanders, 376 u.s. at 376 u. s. 14 . [ footnote 56 ] 372 u ..... amendment. nevertheless, wesberry clearly established that the fundamental principle of representative government in this country is one of equal page 377 u. s. 561 representation for equal numbers of people, without regard to race, sex, economic status, or place of residence within a state. our problem, then, is to ascertain, in the instant .....
Tag this Judgment!Court : US Supreme Court
..... reasons offered in support of this rule. first, says the court, it is "established that the fundamental principle of representative government in this country is one of equal representation for equal numbers of people . . . ." [ footnote 2/5 ] with all respect, i think that this is not correct, simply as a matter of fact. it has been ..... of a state legislature. in my view, if one house is fairly apportioned by population (as is admitted here), then the people should have some latitude in providing, on a rational basis, for representation in the other house. the page 377 u. s. 743 court seems to approve the federal arrangement of two senators from ..... it is a meaningless abstraction as applied to a multi-membered body because the factors of political party alignment and interest representation make such theoretical bloc voting a practical impossibility. for example, 31,000,000 people in the 26 least populous states representing only 17% of united states population have 52% of the senators in the .....
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