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Type: Journal article
Title: Does compulsory voting violate a right not to vote?
Author: Hill, L.
Citation: Australian Journal of Political Science, 2015; 50(1):61-72
Publisher: Routledge
Issue Date: 2015
ISSN: 1036-1146
Statement of
Lisa Hill
Abstract: It is sometimes claimed that compulsory voting violates a particular right not to vote. For some, this assumed right is as fundamental as the right to vote. The existence of such a right, however, has attracted little sustained scholarly attention. This article explores from a political theory perspective whether the alleged ‘right not to vote’ is deserving the same legal and moral protection as the right to vote. I argue on two broad grounds that it is not. First, not all rights are capable of being legally waived and voting is one of them. Second, voting is a right but it is also a duty; it is a duty-right. Therefore, even though many people do fail to vote, doing so does not seem to constitute the exercise of any particular right, nor should it be legally recognised as such.
Keywords: Voting; rights; duties; compulsory voting; representative democracy
Description: Published online: 09 Jan 2015
Rights: © 2015 Australian Political Studies Association
DOI: 10.1080/10361146.2014.990418
Grant ID: ARC
Appears in Collections:Aurora harvest 2
Politics publications

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