Monday, 7 January 2013

What I hope to achieve for social conservatives by applying for judicial review of the Conservative Party's decision to cancel my membership without giving a reason

My rather tetchy response to a solicitor who advised me to sue the Conservative Party in contract because he is yet another who does not not think the Conservative Party is a public body and may not have heard of Datafin:

"I believe established the principle that decisions affecting individual citizens and society at large are now amenable to judicial review by courts.

Join the Conservative Party and you could become councillor, MP, a Minister of State and even Prime Minister. The administrative decisions of the Conservative Party clearly affect individual citizens and society at large.

No useful purpose would be achieved by suing the Conservative Party in contract. They would simply return my £25 and send me on my way.

What I want is for them to

  1. give me a reason for the cancellation of my membership 
  2. amend their constitution so that they will have to give a reason to any member whose membership they cancel 
  3. allow an appeal from such a decision before an impartial tribunal at which the member may have legal representation and witnesses
  4. articulate and define the principles of the Conservative Party in order that the objective bystander will know they have been gone against by any member of the Conservative Party, including and especially the leader 
  5. reinstate me after all the above has been done 

after it has been shown that one or some or all of the following reasons apply to the decision of Stephen Phillips, Secretary to the Board of the Party, who cancelled my membership, viz:

  1. the decision-maker does not have power to make that decision, or is using the power they have for an improper purpose; 
  2. the decision is irrational; 
  3. the procedure followed by the decision-maker was unfair or biased; 
  4. the decision was taken in breach of the Human Rights Act; or 
  5. the decision breaches European Community (EC) law."

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