Home > New Judgments and Cases to Watch > BNP Constitution is Unlawful

BNP Constitution is Unlawful

The British Nationalist Party’s new rules on admission to the party were held to be unlawful in a case before Judge Collins in the Central London County Court today.

The BNP voted on 14 Feburary 2010 to amend the 11th ‘edition’ of their constitution to permit ‘non-white’ members of the public to join the party. However, all prospective members would be required to adhere to the BNP manifesto. The new edition of the constitution has not been made publicly available but was sent to the Equality and Human Rights Commission (EHRC) for consideration. Today’s court judgment arises from an action brought by the EHRC on foot of its analysis of the new document. The BNP webpage for the 11th edition contains the following proviso:

This Constitution, the 11th edition, ceased to operate on 14th February 2010, when an Extraordinary General Meeting of the BNP, following on from an in principle decision taken by the Voting Members at last autumn’s Annual Conference, voted by an overwhelming majority to adopt a new version 12.1. The new Constitution, while building on the now defunct one, is massively expanded and far fit for purpose. It will be published shortly after the court hearing with the Equalities Commission on March 9th.

The EHRC action was taken on the basis of section 1B of the Race Relations Act 1976 (as amended). The judgment comes as the Government has announced that there will be no ban on members of the BNP serving as teachers in schools.

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