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Type: Journal article
Title: The voting rights of incarcerated Australian citizens
Author: Hill, L.
Koch, C.
Citation: Australian Journal of Political Science, 2011; 46(2):213-228
Publisher: Carfax Publishing
Issue Date: 2011
ISSN: 1036-1146
Statement of
Lisa Hill and Cornelia Koch
Abstract: Drawing on and combining political science and legal frameworks, this article explores the validity of disenfranchising Australian prisoners. The authors examine and critically assess the various arguments used in Australia by both legislators and High Court Justices to defend the practice of disenfranchisement. Such arguments are assessed against liberal democratic principles as well as jurisprudence arising from cases in settings that provide protection for electoral rights in formal charters of rights. The authors show that in settings that entrench voting rights in the Constitution, any infringement attracts strict scrutiny from the courts. Courts insist that any abridgement of voting rights should serve a legitimate government purpose and be proportionate to that purpose. The arguments made for prisoner disenfranchisement by legislators in the Australian context invariably fail both parts of this test.
Rights: © 2011 Australian Political Studies Association
RMID: 0020110984
DOI: 10.1080/10361146.2011.567972
Appears in Collections:Politics publications

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