Australian Constitution

2007

Roach v Electoral Commissioner

High Court of Australia(2007) 233 CLR 162

Key Principle

Held that the constitutional requirement that members of Parliament be 'directly chosen by the people' implies a constitutionally protected right to vote that cannot be restricted by a blanket ban on prisoner voting

The High Court struck down amendments to the Commonwealth Electoral Act that imposed a blanket ban on voting by all prisoners serving a sentence of imprisonment. The majority held that the words 'directly chosen by the people' in ss 7 and 24 of the Constitution enshrine a constitutionally protected right to vote, and that a complete ban on prisoner voting was disproportionate to any legitimate purpose.

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