Ashby v. White

"Ashby v. White" (1703) 1 Sm LC (13th Edn) 253, is a UK constitutional law and English tort law case concerning 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.

Judgment

Holt CJ was dissenting in his judgment, but it was upheld by the House of Lords. He said at pp 273-4:

cquote|"If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it, and, indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal...

And I am of the opinion that this action on the case is a proper action. My brother Powell indeed thinks that an action on the case is not maintainable, because there is no hurt or damage to the plaintiff, but surely every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary; for a damage is not merely pecuniary but an injury imports a damage, when a man is thereby hindered of his rights.

To allow this action will make publick officers more careful to observe the constitution of cities and boroughs, and not to be so partial as they commonly are in all elections, which is indeed a great and growing mischief, and tends to the prejudice of the peace of the nation.

ee also

*Protocol 1, Article 3 of the European Convention on Human Rights, affirming the right to vote for the legislature.
*"Pender v. Lushington", 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] [http://www.hmcourts-service.gov.uk/judgmentsfiles/j2676/watkins-v-sshd.htm EWCA (Civ) 966] , and on appeal to the House of Lords, [2006] [http://www.publications.parliament.uk/pa/ld200506/ldjudgmt/jd060329/watkin-1.htm UKHL 17] regarding legally privileged correspondence of a prisoner being interfered with.

Notes