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https://hdl.handle.net/2440/53319
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Type: | Journal article |
Title: | The ballot behind bars after Roach: why disenfranchise prisoners? |
Author: | Koch, C. Hill, L. |
Citation: | Alternative Law Journal�, 2008; 33(4):220-224 |
Publisher: | Legal Service Bulletin Co. Ltd. |
Issue Date: | 2008 |
ISSN: | 1037-969X 2398-9084 |
Statement of Responsibility: | Cornelia Koch and Lisa Hill |
Abstract: | This article explores and critiques the rationales for disenfranchising prisoners advanced by politicians and relied on by the majority of the High Court in the recent case of Roach v Electoral Commissioner. It also refers to relevant overseas cases. It is argued that none of the arguments for removal of the right to vote from prison inmates are persuasive. While Australian constitutional history makes it probably inevitable that some bans on prisoner voting are constitutionally valid, the onus is on the Australian Parliament to demonstrate leadership and give all prisoners the right to vote. |
Keywords: | Australian Constitutional Law Constitutional Law Prisoner Voting the right to vote |
DOI: | 10.1177/1037969X0803300406 |
Published version: | http://search.informit.com.au/documentSummary;dn=200901666;res=IELAPA |
Appears in Collections: | Aurora harvest Law publications |
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