Premium
Public or Personal Character in Election Campaigns: A Review of the Implications of the Judgment in Watkins v Woolas
Author(s) -
Hoar Francis
Publication year - 2011
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2011.00863.x
Subject(s) - allegation , character (mathematics) , statement (logic) , political science , law , legislation , representation (politics) , politics , geometry , mathematics
Reviewing the Election Court's decision that a candidate's parliamentary election literature was unlawful under the Representation of the People Act, the Divisional Court held that statements could either be about a candidate's public character or his personal character but not both. Though the legislation was compatible with the ECHR if it penalised only the latter, the question for the courts is really a matter of whether statement impugns a candidate's character more than merely as a necessary implication of an allegation regarding conduct such as the breaking of election promises.