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Australia Leading Case constitutionalconvention rights

Roach v Electoral Commissioner

(2007) 233 CLR 162
JurisdictionAustralia
CourtHigh Court of Australia
Year2007
StatusBinding authority

Summary

Blanket disenfranchisement of all prisoners is unconstitutional as ss 7 and 24 of the Australian Constitution imply a protected right to vote.

Key Principle

implied right to vote; blanket disenfranchisement of prisoners unconstitutional; s 7 and s 24 Constitution

Area of Law

constitutional

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NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005

Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.

Farm Transparency International v NSW (2022) 276 CLR 81

HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.

Palmer v Western Australia (2021) 272 CLR 505

HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.

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