Australian Constitution

2010

Rowe v Electoral Commissioner

High Court of Australia(2010) 243 CLR 1

Key Principle

The Constitution embeds a right to vote; early closure of electoral rolls after writs are issued was invalid

Extending the reasoning in Roach v Electoral Commissioner (2007), the Court held that amendments shortening the period for closing the electoral roll after writs were issued were invalid. The majority held that the constitutional requirement that members be directly chosen by the people implies a constitutionally protected franchise that Parliament cannot unjustifiably restrict.

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