Constitutionalising the franchise and the status quo: The High Court on prisoner voting rights

Orr, Graeme (2007). Constitutionalising the franchise and the status quo: The High Court on prisoner voting rights. Democratic Audit of Australia: Discussion Paper 19/07, , Australian National University; Institute for Social Research, Swinburne University of Technology.


Author Orr, Graeme
Title Constitutionalising the franchise and the status quo: The High Court on prisoner voting rights
Institution Australian National University; Institute for Social Research, Swinburne University of Technology
Series Democratic Audit of Australia: Discussion Paper
Report Number 19/07
Publication date 2007-10
Publisher Democratic Audit of Australia
Editor Brian Costar
Marian Sawer
Start page 1
End page 8
Total pages 8
Language eng
Subject 1801 Law
CX
Formatted abstract
In recent decades, the ability of prisoners to vote alongside other resident citizens has been a something of a political football, and a much kicked around one at that, in federal politics.1 Academic debate has tended to favour prisoner enfranchisement, on multiple grounds. In these accounts, the vote is seen as a fundamental, if not inalienable, human right in international law, whose denial to prisoners is indirectly racially discriminatory.2 Denying the vote is seen as counter-productive to the purpose of incarceration as social rehabilitation, and not sensibly understood as a form of punishment. There is more than a whiff of the discredited idea of ‘civil death’ about prisoner disenfranchisement.3
Q-Index Status Provisional Code
Institutional Status UQ

 
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