Roach v Electoral Commissioner
Jurisdiction | Australia Federal only |
Judge | Gleeson CJ.,Gummow,Kirby,Crennan JJ.,Hayne J.,Heydon J. |
Judgment Date | 26 September 2007 |
Neutral Citation | [2007] HCA 43,2007-0830 HCA E |
Court | High Court |
Docket Number | M19/2007 |
Date | 26 September 2007 |
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32 cases
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Toronto (City) v. Ontario (Attorney General),
...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......
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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
...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......
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Reclaiming Motion By Leslie Moohan (ap) And Andrew Urquhart Black Gillon (ap) Against The Lord Advocate
...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......
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Monis v The Queen; Droudis v The Queen
...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
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Queensland Government Bulletin - 14 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
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THE ENVIRONMENT IS ALL RIGHTS: HUMAN RIGHTS, CONSTITUTIONAL RIGHTS AND ENVIRONMENTAL RIGHTS.
...(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......
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'An "alien" by the barest of threads' - the legality of the deportation of long-term residents from Australia.
...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......
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The 2017 Winterton Lecture. Sir Owen Dixon Today
...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......
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The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
...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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