The constitutionality of Australia's compulsory voting system

Gray, Anthony (2012) The constitutionality of Australia's compulsory voting system. Australian Journal of Politics and History, 58 (4). pp. 591-608. ISSN 0004-9522

Abstract

This paper argues that Australia's system of 'compulsory voting' might be challengable constitutionally on the basis that it infringes the implied freedom of political communication. It is argued that a voter who wishes to remain silent by not expressing a preference among options the voter might find unpalatable should have the right to do so by declining to cast a vote. This right is infringed by a law requiring a voter to cast a ballot, on pain of punishment.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 15 Dec 2012 11:48
Last Modified: 05 Mar 2015 00:56
Uncontrolled Keywords: compulsory voting, representative government, responsible government, implied freedom of political communication, democracy
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
Identification Number or DOI: 10.1111/j.1467-8497.2012.01655.x
URI: http://eprints.usq.edu.au/id/eprint/22507

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