An express constitutional right to vote?: the case for reviving section 41

Crowe, Jonathan and Stephenson, Peta (2014) An express constitutional right to vote?: the case for reviving section 41. Sydney Law Review, 36 2: 205-230.

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Author Crowe, Jonathan
Stephenson, Peta
Title An express constitutional right to vote?: the case for reviving section 41
Journal name Sydney Law Review   Check publisher's open access policy
ISSN 0082-0512
Publication date 2014-06
Year available 2014
Sub-type Critical review of research, literature review, critical commentary
Open Access Status
Volume 36
Issue 2
Start page 205
End page 230
Total pages 26
Place of publication Rozelle, NSW, Australia
Publisher Lawbook
Collection year 2015
Language eng
Abstract Section 41 of the Australian Constitution appears, on its face, to guarantee state electors the right to vote in Commonwealth elections. However, the High Court held in R v Pearson; Ex parte Sipka that the provision was merely transitional and no longer has any effect. This article takes issue with that conclusion. The authors contend that the majority's reasoning in Pearson is unpersuasive. Further, a revived s 41 would cohere well with some of the central themes in Australia's recent constitutional evolution, including the High Court's changing approach to the protection of voting rights and the role of the states in constitutional reform under the Australia Acts 1986. The time is therefore ripe for the High Court to reconsider Pearson and integrate s 41 into its voting rights jurisprudence.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Critical review of research, literature review, critical commentary
Collections: Official 2015 Collection
TC Beirne School of Law Publications
 
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Created: Mon, 14 Jul 2014, 14:17:26 EST by Carmen Buttery on behalf of T.C. Beirne School of Law