Roach Case Note

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Title: Roach Case Note

Essay Details:

Subject: History

Author: Tamara T

Date: December 12, 2013

Level:

Grade: A

Length: 6 / 1565

Essay text:

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. 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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