‘On 7 July 2022, Prime Minister Boris Johnson resigned, and the Conservative Party announced a Leadership Election on 5 September to decide who would replace him as Prime Minister.Footnote1 During this leadership election, Tortoise Media became concerned after reading reports that GCHQ (the Government Intelligence Service) ‘had been in contact with the Conservative Party to ensure the safe conduct of the leadership election’.Footnote2 This action taken by GCHQ is significant because political parties in the UK, as in other commonwealth jurisdictions such as Australia and Canada, are private, unincorporated associations.Footnote3 It was therefore for the Conservative Party to run the process under its own rules.Footnote4 The bodies of election law that apply in general elections, such as the Political Parties, Elections, and Referendums Act 2000, do not apply to internal party processes, even when the leader of the party will become Prime Minister.’
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Judicial Review, 29th September 2025
Source: www.tandfonline.com