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Vickie Lee Roach Essay

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Vicki Lee Roach had her rights infringed from voting the Federal 2007 elections as she was serving a sentence above three years preventing her from voting, others than her other prisoners had their rights infringed serving a sentence more than three years. Vickie Lee Roach receiving a Uni Degree ___________________________________ Vickie Lee Roach was a prisoner whose ability to vote had been taken away by Commonwealth legislation. She argued that the legislation breached her constitutional rights and argued her case in the High Court. Roach’s disqualification from voting violated both the Australian Constitution’s requirement that parliament be “directly chosen by the people” (s7 and s24) and the Constitution’s implied freedom of political communication. The constitutional phrase ‘the people’ was intended to be as broad …show more content…

Two judges, Kenneth Hayne and Dyson Heydon agreed also with Howard government’s argument. Both the judges also banned under 21 and most women not to vote, many states imposed property or income qualifications, and most Aborigines and Pacific islanders and other “coloured persons” were denied the vote. Their views on this argument were given by the majority judges to leave future governments, and the parliamentary establishment as a whole, with substantial flexibility to wind back voting rights. The outcome of the case was successful, for the legal system in terms of recognising that there is constitutionally protected right to vote in Australia. Although Vickie Lee was in prision for more than 3 years her right to vote was still denied and the original provisions of the Electoral Act were upheld but she had served for her country and made a new law, 8000 prisoners were given back their right to

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