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


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/School / Institute/Centre: 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

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