Abstract
Rubenstein J. Listening closely to the women of the 1890s who were the first with an electoral voice in Australia, I join in dissent with Murphy J. This case and the Court’s interpretation of s. 41 reflect the importance of a democratic system to a constitutional order. The objectives of those women who were instrumental to the insertion of s. 41 in the Constitution are relevant to the outcome of this matter.
Section 41 states plainly:
“No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.”
Section 41 states plainly:
“No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.”
| Original language | English |
|---|---|
| Title of host publication | Australian Feminist Judgments |
| Subtitle of host publication | Righting and rewriting of law |
| Editors | Heather Douglas, Francesca Bartlett, Trish Luker, Rosemary Hunter |
| Place of Publication | Portland |
| Publisher | Hart Publishing |
| Pages | 61-68 |
| Number of pages | 8 |
| ISBN (Electronic) | 9781782255406 |
| ISBN (Print) | 9781849465212 |
| Publication status | Published - 2014 |
| Externally published | Yes |
