| 释义 |
voting and free elections
Article 3 of the First Protocol to the European Convention on Human Rights and the Human Rights Act 1998 compels the state to hold free elections at reasonable intervals by secret ballot, under conditions that will ensure the free expression of the opinion of the people in the choice of the legislature. This duty does not apply to local elections (local authorities are not the legislature) but does apply to elections to the European Parliament (Liberal Party v UK (1982) (App no 8765/79) 4 EHRR 106; Matthews v UK (1999) 28 EHRR 361). There is no duty to use any particular system of voting (proportional representation or first past the post). The Article includes a right to vote which, although not an absolute right, should not be removed from any person or group of people without justification. The blanket ban preventing convicted prisoners in the UK from voting was ruled a disproportionate interference with this right (Hirst v UK (No 2) (App no 74025/01) (2006) 42 EHRR 41); although MPs subsequently voted to retain the ban despite this ruling, changes were eventually made so that prisoners released back into the community on licence can vote. |