Roach Case Note

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Issue:

History

 

Written by:

Kevin G

 

Date added:

September 30, 2014

 

Level:

University

 

Grade:

A

 

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6 / 1565

 

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8508 times

 

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The justices were also persuaded by s93(8AA)’s incongruity with s44 of the Constitution which provides a lesser standard of eligibility for prisoners seeking to be elected as members of parliament than for those banned from voting by section 93(8AA). Although it found s 93(8AA) invalid, the court did affirm the validity of the previous law which disenfranchised prisoners serving sentences of 3 years or more...
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Although it found s 93(8AA) invalid, the court did affirm the validity of the previous law which disenfranchised prisoners serving sentences of 3 years or more. Gleeson CJ acknowledged parliament’s authority to legislate on this voting issue: “The combined effect of ss51 (xxxvi), 8 and 3 is that Parliament may make laws providing for the qualification of electors...
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