Hi everyone!
My sac is in two days and one of our practice questions is "Analyse the implied right to vote."
I'm unsure how to approach with it as I haven't faced an analyse question yet. I know that I talk about Roach and sections 7, 24 and 41.
Thank you!
Really don't worry too much about this question; it's flawed on a number of levels.
Firstly, 'analyse' means have an opinion on how effective or good something is, then look at reasons for and against that opinion (same as evaluate, critically examine, etc). So it's really not hard. But the question asks you to analyse the right, which doesn't actually make sense. Asking you to evaluate the *effectiveness* of the right would make sense, but they haven't asked that. So what do they want you to have an opinion on?
Secondly, there is no implied right to vote. There is the structural protection of a democratically elected, representative parliament - but no right to vote. Some people call the structural protection of a democratically elected, representative parliament a "right to vote" (which is technically a bit off), but even in that case it's not an implied right.
Thirdly, s41 was a transitional provision for federation, which ceased to really have any effect in 1902. So don't worry about it at all. If, however, you want to talk about voting as a structural protection determined in Roach, look at the structure of representative government established by Chapter 1 of the Constitution (with special reference to ss7 and 24).
Basically, in effect, I have no idea what they want from this question. My answer? My opinion is that there is no implied right to vote. The end. <jokes>
Just grab a question on rights from the 2012 or 2011 exams instead
