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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´┐Ż, 2008; 33(4):220-224
Publisher: Legal Service Bulletin Co. Ltd.
Issue Date: 2008
ISSN: 1037-969X
Statement of
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
Published version:;dn=200901666;res=IELAPA
Appears in Collections:Aurora harvest
Law publications

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