Commentary: Roach v Electoral Commissioner (2007) 233 CLR 162

Jonathan Crowe, Dani Larkin

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review


The commentary explains why Roach v Electoral Commissioner is one of the most significant cases in recent Australian constitutional history. The case examined amendments to the Commonwealth Electoral Act 1918 made in 2006 that disqualified any prisoner serving a current sentence from voting in federal elections. A majority of the High Court struck down the change but upheld an earlier amendment that disqualified only prisoners serving sentences of three years or more from voting. The majority held that ss 7 and 24 of the Australian Constitution have come to be a constitutional protection of the right to vote, but this right is subject to exceptions (such as prisoners serving substantial sentences).
Original languageEnglish
Title of host publicationIndigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision-Making
EditorsNicole Watson, Heather Douglas
Chapter14: Subsection 1
ISBN (Electronic)9781000401219
ISBN (Print)9780367467456
Publication statusPublished - 28 Jun 2021


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