Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Labour Party Election Rules

To propose and debate astonishing propositions of law. Please stay polite and rational.

Re: Labour Party Election Rules

Postby Hairyloon » Wed Aug 31, 2016 3:02 pm

I'm hearing quite a few reports about membership suspensions during their pre-election purge of undesirables. I'm not clear what rule it is they are using (other than "because we can"), but they do not seem to be applying it consistently or reasonably and at least some of those suspended have been told that there is no right of appeal.

Can we infer from the earlier judgment that the NEC can do as it sees fit, or is there an implied term in the contract that the organisations rules must be applied fairly?
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9174
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Labour Party Election Rules

Postby Smouldering Stoat » Wed Aug 31, 2016 3:10 pm

The Labour Party Rulebook is available online. There is quite probably a link to it in this frankly tedious thread. How about looking up the answer for yourself for a change?
Smouldering Stoat
 
Posts: 6011
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Labour Party Election Rules

Postby Hairyloon » Wed Aug 31, 2016 4:06 pm

Smouldering Stoat wrote:The Labour Party Rulebook is available online. There is quite probably a link to it in this frankly tedious thread. How about looking up the answer for yourself for a change?

Perhaps you could direct me to the section in which the implied terms are written?
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9174
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Labour Party Election Rules

Postby Smouldering Stoat » Wed Aug 31, 2016 4:24 pm

You are unclear what rule the NEC are using. The answer is to be found in the Rulebook. Whether part of those procedures are implied terms can only be ascertained once you have studied the express terms.
Smouldering Stoat
 
Posts: 6011
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Labour Party Election Rules

Postby Hairyloon » Wed Aug 31, 2016 4:38 pm

Smouldering Stoat wrote:You are unclear what rule the NEC are using. The answer is to be found in the Rulebook. Whether part of those procedures are implied terms can only be ascertained once you have studied the express terms.

These discussions would very likely be more fruitful if you read and understood the questions that are asked rather than leaping on any opportunity to criticise the questioner.

It matters not a jot what the rule is if it is not being applied consistently and fairly. The question is of whether there is any legal remedy if they are not.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9174
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Labour Party Election Rules

Postby Smouldering Stoat » Wed Aug 31, 2016 4:56 pm

Of course there is a legal remedy. It is a contract; the same remedies are available as for any other contract.

That, however, isn't what you asked. You asked what the terms of the contract are. Forgive me for suggesting that the terms of the contract might be found in the contract.
Smouldering Stoat
 
Posts: 6011
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Labour Party Election Rules

Postby atticus » Wed Aug 31, 2016 5:10 pm

Implied terms are, by definition, not written in the contract into which they are sought to be implied.
User avatar
atticus
 
Posts: 18342
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Labour Party Election Rules

Postby Smouldering Stoat » Wed Aug 31, 2016 5:14 pm

Indeed. But the Loon has begun with an assumption that the terms are implied, rather than express. The starting point must be the terms of the contract as actually written.
Smouldering Stoat
 
Posts: 6011
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Labour Party Election Rules

Postby Hairyloon » Wed Aug 31, 2016 5:36 pm

Smouldering Stoat wrote:Of course there is a legal remedy. It is a contract; the same remedies are available as for any other contract.

There is only a legal remedy if there is a breach of the contract.
That, however, isn't what you asked. You asked what the terms of the contract are.

Go on, where in fact did I ask such a thing?
Forgive me for suggesting that the terms of the contract might be found in the contract.

If I might make another suggestion: that if you find a thread "tedious", then you should either ignore it altogether else look more closely for the interesting bits.
Had you done so, you might have noticed that the main thrust of the thread relates to the terms of said contract, in particular terms such as "to take any action it deems necessary..." and other broad spectrum phrases which appear to give the NEC carte blanch to do as it will.

atticus wrote:Implied terms are, by definition, not written in the contract into which they are sought to be implied.

That was my point: Stoaty had suggested that I looked in the contract for the terms which I had asked might be implied.
I did not expect to need to be Poe proofing here.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9174
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Labour Party Election Rules

Postby atticus » Wed Aug 31, 2016 5:49 pm

What is Poe proofing?
User avatar
atticus
 
Posts: 18342
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

PreviousNext

Return to Just Mooting

Who is online

Users browsing this forum: No registered users and 1 guest