The ballot behind bars after Roach: why disenfranchise prisoners?
Date
2008
Authors
Koch, C.
Hill, L.
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Advisors
Journal Title
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Volume Title
Type:
Journal article
Citation
Alternative Law Journal, 2008; 33(4):220-224
Statement of Responsibility
Cornelia Koch and Lisa Hill
Conference Name
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.