The Sanctity of the Right to Vote in a Democratic Society: A Comparative Analysis

Abstract

This paper will examine the extent of legislature power to alter the universal franchise. It will ask whether the plenary power of a law making body such as Parliament has the ability to alter the democratic institutions upon which it rests, including altering the class of people who are entitled to vote. This question will be explored using the example of prisoner disenfranchisement, an attempt by many democratic governments to limit the right to vote in respect of a minority. Using this case study, the paper seeks to elucidate various ways in which so called “Commonwealth” states have sought to protect the universal franchise as a fundamental democratic institution, and limit Parliament’s power accordingly. It will also examine whether such limits are present in the absence of a codified constitution, in the case of New Zealand. The comparative study will support the author’s case that the sanctity of democratic rights rests on constitutional entrenchment of the right to vote, and judicial protection of the franchise.