* The significance of one High court case interpreting sections 7 and 24 of the Aus constitution.

Question 1

Outline what section 7 and 24 of the Constitution entail.

Answer 1

• Section 7 of the Australian constitution sets out matters related to the Senate.
• Section 24 of the Australia constitution sets out matters related to the House of representatives.

Both sections require the commonwealth houses of parliament to be directly chosen by the people. This enshrines in the system of ‘representative government’ into the Australian constitution.

Question 2

Define the system of representative government.

Answer 2

A system government which reflects the views and values of people who voted for it.

Question 3

What is an implied right?

Answer 3

This refers to a right which is not explicitly stated in the constitution, but is considered to be derived from other rights or principles.

Question 4

Whats one significant high court case in interpreting section 7 and 24 of the Australian constitution?

Answer 4

Roach v Electoral Commissioners [2007] HCA 43; (2007) 233 CLR 162.

Question 5

Why did Roach take the case to court.

Answer 5

• Prior to 2004, all prisoners serving a custodial sentence were entitled to vote in federal election.
• However, then in 2004, the Commonwealth parliament passed legislation which banned prisoners from voting if they were serving a custodial sentence of more than 3 years.
• In 2006, the commonwealth parliament passed an amendment that prevented prisoners from voting if they were sentenced to any custodial period.

Therefore, Roach challenged the constitution on the basis that it violated the implied right to political freedom of communication.

Question 6

2 issues of the Roach case.

Answer 6

• Roach challenged the legislation in the high court, of the amendments made in 2004 and 2006, declaring that they were unconstitutional, due to being inconsistent with the democracy set out in section 7 and 24 of the constitution.
• Roach claimed that denying prisoners the right to vote was a breach of representative government and therefore section 7 and 24 of the Australian constitution.

Question 7

Decision

Answer 7

Therefore, prisoners who were sentenced for less than 3 years were then allowed to vote, making the commonwealth parliament unable to restrict voting for ALL prisoners.

Prisoners who sentenced for more than 3 years were unable to vote anymore.

Question 8

Impact on the area of law involved.

Answer 8

• The 2004 amendment to the Electoral Act was constitutionally valid.
• The 2006 amendment to the electoral Act was constitutionally invalid.

Question 9

Why was the Roach case so significant?
(2 reasons)

Answer 9

• The Roach case was significant in that it upheld the requirement that the members of the commonwealth parliament must be directly chosen by the people.
• High court held that section 7 and 24 do not allow for unreasonable restrictions on the ability of the people to choose the members of the parliament.