Ashby v. White
Encyclopedia
Ashby v White 92 ER 126, is a foundational case in UK constitutional law and English tort law
. It concerns the right to vote and misfeasance of a public officer.
At the time, the case attracted considerable national interest, and debates in Parliament
. It was later known as the Aylesbury
election case. In the House of Lords
, it attracted the interest of Peter King, 1st Baron King
who spoke and maintained the right of electors to have a remedy
at common law
for denial of their votes, against Tory insistence on the privileges of the House of Commons
.
Sir Thomas Powys
(c. 1649-1719) defended William White in the House of Lords. The argument submitted was that the Commons alone had the power to determine election cases, not the courts.
, but his dissent was upheld by the House of Lords by a vote of fifty to sixteen. His judgment reads as follows.
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
. It concerns the right to vote and misfeasance of a public officer.
Facts
Mr Ashby was prevented from voting at an election by the misfeasance of a constable, Mr White, on the apparent pretext that he was not a settled inhabitant.At the time, the case attracted considerable national interest, and debates in Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
. It was later known as the Aylesbury
Aylesbury
Aylesbury is the county town of Buckinghamshire in South East England. However the town also falls into a geographical region known as the South Midlands an area that ecompasses the north of the South East, and the southern extremities of the East Midlands...
election case. In the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, it attracted the interest of Peter King, 1st Baron King
Peter King, 1st Baron King
Peter King, 1st Baron King PC, FRS was an English lawyer and politician, who became lord chancellor of England.-Life:He was born in Exeter in 1669....
who spoke and maintained the right of electors to have a remedy
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
for denial of their votes, against Tory insistence on the privileges of the House of Commons
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
.
Sir Thomas Powys
Thomas Powys
Thomas Powys was an Anglican clergyman of the later 18th century.He was the son of Philip Powys,of Hardwick House, Oxfordshire. He matriculated at St John's College, Oxford in1753; B.A. in 1757,and M.A. in 1760. He was...
(c. 1649-1719) defended William White in the House of Lords. The argument submitted was that the Commons alone had the power to determine election cases, not the courts.
Judgment
Lord Holt CJ was dissenting from the judgment in the Court of King's BenchCourt of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
, but his dissent was upheld by the House of Lords by a vote of fifty to sixteen. His judgment reads as follows.
See also
- Watkins v Home Office [2006] UKHL 17
- Pender v LushingtonPender v LushingtonPender v Lushington 6 Ch D 70 is a leading case in UK company law, which confirms that a company member's right to vote may not be interfered with, because it is a right of property. Furthermore, any interference leads to a personal right of a member to sue in his own name to enforce his right...
, per Jessel MR, a statement that a shareholder's vote is a right of property in UK company law. - Watkins v Secretary of State for the Home Department [2004] EWCA (Civ) 966, and on appeal to the House of Lords, [2006] UKHL 17 regarding legally privileged correspondence of a prisoner being interfered with.
- Protocol 1, Article 3 of the European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, affirming the right to vote for the legislature.