Roach v Electoral Commissioner

JurisdictionAustralia Federal only
JudgeGleeson CJ.,Gummow,Kirby,Crennan JJ.,Hayne J.,Heydon J.
Judgment Date26 September 2007
Neutral Citation[2007] HCA 43,2007-0830 HCA E
CourtHigh Court
Docket NumberM19/2007
Date26 September 2007
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32 cases
  • Toronto (City) v. Ontario (Attorney General),
    • Canada
    • Supreme Court (Canada)
    • 1 October 2021
    ...Authority (1997), 190 C.L.R. 410; Lange v. Australian Broadcasting Corporation (1997), 189 C.L.R. 520; Roach v. Electoral Commissioner, [2007] HCA 43, 233 C.L.R. 162; South African Association of Personal Injury Lawyers v. Heath, [2000] ZACC 22, 2001 (1) S.A. 883; Fedsure Life Assurance Ltd......
  • Leslie Moohan+gary Gibson+andrew Gillon For Judicial Review Of Sesions 2(1)(a)(i) And 3 Of The Scottish Independence Referendum (franchise) Act 2013
    • United Kingdom
    • Court of Session
    • 19 December 2013
    ...Independent Electoral Commission [2010] eKLR; and a decision of the High Court of Australia, namely Roach v Electoral Commissioner [2007] HCA 43. It was submitted on behalf of the petitioners that these cases confirmed that the right to vote was regarded as a constitutional or fundamental r......
  • Reclaiming Motion By Leslie Moohan (ap) And Andrew Urquhart Black Gillon (ap) Against The Lord Advocate
    • United Kingdom
    • Court of Session
    • 2 July 2014
    ...from voting in national assembly and presidential elections, but not from voting in referenda. In Roach v Electoral Commissioner [2007] HCA 43 (Australia), the court approved of a graded ban, whereby prisoners serving sentences of 3 years or more were ineligible to vote. [32] Ultimately, in......
  • Monis v The Queen; Droudis v The Queen
    • Australia
    • High Court
    • 27 February 2013
    ...search for some subjective purpose or intention of the Parliament in enacting the impugned law. As Gummow and Bell JJ observed in Rowe v Electoral Commissioner150, whether a law infringes the constraints imposed by ss 7 and 24 of the Constitution ‘cannot depend upon the purpose attributed t......
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1 firm's commentaries
  • Queensland Government Bulletin - 14 September 2016
    • Australia
    • Mondaq Australia
    • 21 September 2016
    ...chosen by the people" - Whether burden justified by substantial reason - Relevance of Roach v Electoral Commissioner (2007) 233 CLR 162; [2007] HCA 43 and Rowe v Electoral Commissioner (2010) 243 CLR 1; [2010] HCA The Queen v Baden-Clay [2016] HCA 35: Murder Appeal The High Court has handed......
50 books & journal articles
  • THE ENVIRONMENT IS ALL RIGHTS: HUMAN RIGHTS, CONSTITUTIONAL RIGHTS AND ENVIRONMENTAL RIGHTS.
    • Australia
    • Melbourne University Law Review Vol. 44 No. 2, December 2020
    • 1 December 2020
    ...(1992) 177 CLR 106 ('ACTV'); Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 ('Nationwide News'). (249) Roach v Electoral Commissioner (2007) 233 CLR 162; Rowe v Electoral Commissioner (2010) 243 CLR (250) See generally Williams and Hume (n 215) 365-75; Will Bateman, 'Procedural Due Proces......
  • 'An "alien" by the barest of threads' - the legality of the deportation of long-term residents from Australia.
    • Australia
    • Melbourne University Law Review Vol. 33 No. 2, August 2009
    • 1 August 2009
    ...with the majority on this issue. (92) See, eg, Commonwealth Electoral Act 1918 (Cth) s 93. See also Roach v Electoral Commissioner (2007) 233 CLR 162. Roach clearly leaves open the possibility that the exclusion from voting of some non-citizens is constitutional: see, eg, at 182 (Gleeson CJ......
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review No. 43-1, January 2018
    • 1 January 2018
    ...volumes 41 and 114 of the Commonwealth Law Reports.8His reputation has waxed and 3 Roach v Electoral Commissioner (2007) 233 CLR 162; [2007] HCA 43; Rowe v Electoral Commissioner (2010) 243 CLR 1; [2010] HCA 46; Day v Australian Electoral Officer for South Australia (2016) 90 ALJR 639, [201......
  • The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
    • United Kingdom
    • Federal Law Review No. 39-3, September 2011
    • 1 September 2011
    ...It should, however, be acknowledged that this principle may no longer possess the force it once did: see Roach v Electoral Commissioner (2007) 233 CLR 162; Rowe v Electoral Commissioner (2010) 271 ALR 1. 328 Robin Creyke, 'Administrative Justice: Beyond the Courtroom Door' (2006) 12 Acta Ju......
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