Wednesday, 12 November 2014

BOWMAN v. THE UNITED KINGDOM - 24839/94 [1998] ECHR 4

BOWMAN v. THE UNITED KINGDOM - 24839/94 [1998] ECHR 4 (19 February 1998): Bowman tested the 1983 Act in respect of a £5 limit on electoral candidate expenditure in constituencies, held by the majority to infringe Article 10 but a notable dissenting minority claimed that::

"the restriction in question is part of an overall democratic electoral system with checks and balances that aim at preventing evasion of the maximum limits of expenditure. It offers equality of arms as between candidates; it protects candidates from manipulation by pressure groups – hence the preference of such groups for action in constituencies with marginal results – and safeguards their independence; it does not prohibit the spending of money for the promotion of a cause if done without the intention of promoting the interests, or harming the prospects, of a particular candidate; it counterbalances the limit imposed on candidates; it is limited in terms of time. To our minds the aforesaid reasons adduced by the respondent Government to justify the restriction in question are “relevant and sufficient”." 'via Blog this'

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