ipl-logo

Case Study Of Vickie Lee Roach

766 Words4 Pages
bulb-icon

Recommended: Do prisoners have the right to vote essay

Inmates praise Vickie Lee Roach as she regains their right to vote
Roach’s right to vote was infringed due to the 2006 amendments to commonwealth electoral act 1918 (cmwth act) which states that any prisoner serving a full time sentence at any length. The legislation breached her constitutional rights to vote.
The constitutional phrase parliament is ‘directly chosen by the people’ implies the right to Australian citizens to vote and states only those that don’t have the mental capacity are exempt, and despite so, Vickie Lee Roach and all prisoners were still denied the right to vote

Roach wasn’t pressured into this case by anyone but herself as she has legal standing due to being directly affected by it. She initiated legal action herself. …show more content…

Vickie came to us through the prison advocacy networks as a woman with an interest in and commitment to human rights and freedom, and in particular her right as a prisoner.’’ Vickie is also encouraged by other prisoners who also had their rights infringed to initiate legal action. Vickie Lee Roach challenged the validity of the 2006 amendments made to the Electoral Act 1918 (Cth), by the passage of the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth). The amendments prohibited all prisoners who are serving a sentence of imprisonment for a Commonwealth, state or territory offence from voting in federal elections. Before the amendment only those prisoners serving a sentence of three years or longer are excluded from voting. Thus, Ms Roach is excluded from …show more content…

The decision of the court affirmed that there is a constitutional right to vote for adult members of the Australian community, which is protected by the structure of representative government. This high court did not go far as to call the right to vote an implied right, instead this right is a reflection of structural protection. Thus, representative government can act as a limit on the powers and sovereignty of the commonwealth parliament, which cannot legislate way the right to vote without good reason.
However, as Vicki Lee Roach is serving a prison term of longer than three years, and the original provisions of the Electoral Act are upheld, Ms Roach is still ineligible to vote in elections. Roach argued that the 2006 amendments to the commonwealth electoral act 1918 breached the constitution and thus her right to vote.
Vickie lee roach is extremely pleased with the outcome of the case. While she is unable to regain her right to vote, her case returned the right to thousands of

Show More
Related
1526 Words | 7 Pages

Regardless of her appointment, she was met with heated resistance by her male peers. Her first case was challenged by the defence lawyer claiming she was not a person under the British North America Act of 1867 3. This was due to ambiguous and gendered language in Section 24 of the British North America Act of 1867. The BNA act of 1867, also known as the Constitution Act, were a collection of policies in the Constitution of Canada. Section 24 stated that only “qualified persons” could be appointed to the Canadian Senate5.

Read More
431 Words | 2 Pages

In an application filed with the High Court, Roach's legal team sued the Electoral Commission and the Commonwealth Parliament, arguing that her disqualification from voting violated both S7 and S24 of the Australian Constitution’s requirement that parliament is to be “directly chosen by the people” and the Constitution’s right to political freedom of communication. The High Court believed that the complete ban on prisoners voting was unconstitutional, as it was inconsistent with the principles of representative government. This principle requires that members of parliament are elected into government by the people they seek to represent. Sections 7 and 24 of the Constitution require that ‘Senators’ and members of the ‘House of Representatives’ are directly chosen by the people; therefore there is a right to vote, that had been violated by this legislation.

Read More
434 Words | 2 Pages

He challenged the law that took away his right to vote while in prison, he argued that s.51(e) of The Canadian Elections Act violated his Charter Rights by excluding every person who is imprisoned in a correctional facility for the commission of any offence. Sauvé claimed that it contradicted s.3 of The Canadian Charter of Rights and Freedoms - Every citizen of Canada has the right to vote in an election of the House of Commons or of a legislative assembly. Sauvé was a citizen and as a citizen under the Charter, he was guaranteed the right to vote.

Read More
1065 Words | 5 Pages

This paper will discuss the options that may be available for Rick Mitterbrand in relation to the registration of a new political party under the desired name, in which he is the President and registered officer, under the Commonwealth Electoral Act (“CEA”) and whether he can avoid investigation by ASIO. Firstly, we will examine the requirements for registration of political parties under part XI of the CEA, the procedure for dealing with an application for registration when it is lodged with the Electoral Commission and the review of certain decisions under this part of the CEA. We will then consider judicial review from a statutory perspective and whether this option may be available to Mr Mitterbrand. We will also look at merits review

Read More
420 Words | 2 Pages

She does not find it fair that only men are given the right opportunity to vote. Shaw’s tone is persuasive when she gives the definition of a republic to prove

Read More
1422 Words | 6 Pages

“While the power is vested in the people, it is exercised by electing representatives.” Vivian Paige: Time to increase representation. Vivian is saying that although

Read More
1975 Words | 8 Pages

By using the countries’ own governmental document, Anthony masterfully poses, “In this very first paragraph of the declaration, is the assertion of the natural right of all to the ballot; for, how can “the consent of the governed” be given, if the right to vote be denied. Again: ‘That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundations on such principles’” (Anthony par. 4-5). Women are citizens of the United States who are governed, yet they have no say in their government.

Read More
226 Words | 1 Pages

We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed

Read More
1818 Words | 8 Pages

On November 6th, millions of people abide by their civic duty and head out to go vote. But about "5.3 million other Americans "(Holding) do not have the ability to vote. Not because they are homebound, or mentally unable to vote. But instead, the 5.3 million Americans are actually convicted felons. In a seemingly amalgamate legal system, Felons, as individuals who have lost their responsibility to carry out societies civic duties; by committing a crime, felons have agreed to give up their right to vote for the future of America.

Read More
720 Words | 3 Pages

Magna Carta The Magna Carta, also known as the 'Great Charter ' was a significant and influential document sealed by the King of England, King John in 1215. This year marks the 800th anniversary celebration since the Magna Carta was signed in Runnymede, Surrey on June 15, 1215. This essay will discuss the historical background of the Magna Carta.

Read More
686 Words | 3 Pages

Imagine being a woman during the times when you could not vote. This was the reality for both Susan B. Anthony and Emmeline Pankhurst. Anthony gave a speech entitled “Is it a Crime for a Citizen of the United States to Vote?” In this speech she attempts to make a claim that women should have the right to vote, through her use of logic and analogy to laws. Additionally, Pankhurst gave a speech in 1913 called “Freedom of Death” where she expressed her feelings and opinions about women’s right to vote with her use of repetition and metaphors.

Read More
567 Words | 3 Pages

According to this speech the author states,” I not only committed no crime, but, instead, simply exercised my citizen's right, guaranteed to me and all United States citizens by the National Constitution, beyond the power of any State to deny.” This evaluates the fact that Mrs. Anthony is mad for knowing that she had the ability to vote but was stopped because she is a woman even though she should be allowed to do these rights. Continuing forward, Mrs. Anthony also appeals credibility to the Declaration of Independence to

Read More
926 Words | 4 Pages

Australia and China are two very different countries with an almost polar opposite government structure, political systems and values. Australia is a constitutional monarchy whereas China is a single communist party state. It is arguable as to which system of government is more effective, considering it is involves other factors like social freedom, the quality of life and the economy. But comparing hand in hand, Australia’s system of government has proven to be more effective in all of these areas. Australia and China have many similarities yet differ greatly in political structure.

Read More
1267 Words | 6 Pages

Australia is a Democracy Never before have there been so many democracies in the world or so many competitive elections conducted at national, subnational and region levels. Democracy is now prescribed as inseparable from good governance and an antidote to corruption. The key aspects of what makes Australia a democracy being the electoral role, Australian Electoral Commission (AEC), referendumsm, the rule of law The separate colonies of Australia gained self-government during the nineteenth century and less than half a century later Australia became the first nation to vote itself into existence through popular referendum. How does Australia’s democracy in today’s modern age stack up on those early days of a fledgling democracy.

Read More
1798 Words | 8 Pages

Parliamentary sovereignty is a feature of Britain political system, it is a key principle of the U.K.’s uncodified constitution. Parliamentary sovereignty makes the Parliament the supreme legislative authority of Westminster which means Parliament has the right to make, amend and repeal laws. Overall, the courts cannot overrule the legislation unlike in other constitutions like the United states of America. No Parliament can pass laws that future Parliament cannot change. Although generally the U.K is often referred to having an unwritten constitution this is incorrect, in fact the UK has an uncodified constitution.

Read More

More about Case Study Of Vickie Lee Roach

Related Topics

Open Document