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Right To Vote Research Paper

1432 Words6 Pages

The right to vote as recorded in Article 25 of the International Covenant on Civil and Political Rights (ICCPR) ensures that, “Every citizen [has] the right… to take part in the conduct of public affairs (http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx, 1966).” Furthermore, the right to vote is “the basis of democracy and is a vital part of the enjoyment of all human rights (ITR)”. However, “even though almost all Australians over 18 years old have the right – and the obligation – to vote, not all Australians enjoy that right as a practical matter (https://www.humanrights.gov.au/our-work/rights-and-freedoms/publications/right-vote-not-enjoyed-equally-all-australians, 2010).” Consequently, the Australian legal system inadequately …show more content…

Hence, individuals right to vote is ineffectively protected by the Australian legal system and is not balanced with the best interests of society.

The Australian Constitution does not currently have a written right to vote and instead it is implied. S41 of The Constitution states, “no adult person who has or acquires the right to vote at elections… shall, while the right continues, be prevented by any law of the Commonwealth from voting (ITR).” As this section is implied, it is the responsibility of the prescribed judge to interpret this sections meaning. His Honour Isaccs J in Judd v McKeon (1926) defined s 41 as expressing the right to vote noting, “[the right to vote] may be properly regarded as a right, I do not for a moment question. It is a …show more content…

Why do you think that prisoners seeing sentences longer than 3 years are not allowed to vote?
How could the government ensure prisoners rights are protected and uphold the best interests of society?

Therefore, the Australian legal system inadequately protects and enforces individuals right to vote whilst balancing the best interests of society. This is highlighted by the absence of an expressed right to vote in The Constitution, the removal of the 7 day grace period and that prisoners serving a three year or longer sentence are not allowed to vote. These all break Article 25 of the ICCPR, which declares, “Every citizen [has] the right… to take part in the conduct of public affairs (http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx, 1966).” Consequently, the best interests of society are not balanced with the rights of individuals in the Australian legal

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