Lecture Notes: The Right to Vote in Australia

Presenter: Renato Costa

Key Points:

• No express right to vote in the Australian Constitution.
• Section 41:
  • Often mistaken as providing an express right to vote.
  • High Court case: King and Jones (1972) limited its interpretation.
  • Iron Peace on Ex Participica (1983) further restricted it.
  • It protects existing rights but doesn't grant new ones.
  • Applicable only to those considered adults in 1901 (21 years old or older).

Historical Context:

• Reason for Section 41:
  • To ensure women who could vote in South Australia and Western Australia could vote federally.

Implied Right to Vote:

• Despite no express right, the High Court has identified an implied right to vote.
• Constitutional Sections:
  • Section 8, 30, 51(36):
    • Empower Federal Parliament to set franchise rules.
    • Require uniform franchise for Senate and House of Representatives.
    • Allow each elector to vote once per house.
  • Section 7, 24:
    • Representatives must be "directly chosen by the people."
    • High Court reads these as implying a right to vote.

Principle of Representative Government:

• Sections emphasizing "directly chosen by the people" support the principle of representative government.
• This principle, along with responsible government, is fundamental to the Australian legal system.

Conclusion:

• While not expressly written, the framework of the Australian Constitution supports democratic participation and an implied right to vote.

Next Topic Preview:

• The principle of representative government.

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Note: This lecture highlights the complexity and historical context of voting rights within the Australian Constitution, focusing on judicial interpretations and implied principles.