The Protection of Voting Equality in Australia

Abstract

This paper argues that the High Court should accept that the Commonwealth Constitution embraces the concept of voter equality, such that systems of malapportionment may be liable to constitutional challenge. Specifically, it argues that ss 7 and 24 of the Constitution create a system of representative government and representative democracy which require that elections be free and fair, and that a malapportionment could potentially interfere with the system of representative democracy which the Constitution requires. Recent case law reinforces notions of equality in ss 7 and 24, which can be applied in the context of voter equality.