With the use of an illustrative example, explain how the H.C can impact on the rights protection in Aus (4 marks)
The H.C has been charged with being the guardian of the Const. It is the only court that can hear constitutional disputes as articulated under s76. It interpretation of the Const can change the meaning of words and phrases and its decision can effect rights protected.
In the case of Roach vs the Electoral Commissioner (2007), The H.C was called upon to examine amendments to the Cth Electoral Act and to determine their constitutional validity. The amendment prevented all prisoners from voting in elections (previous legislation only prevented those who were serving a sentence of over 3 years).
The H.C found that the amendment was unconstitutional and therefore void, as it was contrary to the principle of Representative Government. The court found that the Const demands that memebers of the Parliament must be chosen directly by the people (noted under s7 and 24), so that there is a right to vote in order to uphold this principle.
Thus, the decision confirmed that there is a right to vote enshrined within the structure and mechanisms of the Const, specifically Representative Government.
ummmm help?