Voting Rights of Permanent Residents

UNSW Law Journal Volume 39(1) 2016 pp. 401 - 420

U. of Adelaide Law Research Paper No. 2016-15

21 Pages Posted: 12 May 2016

See all articles by Alex Reilly

Alex Reilly

University of Adelaide - School of Law

Tiziana Torresi

The University of Adelaide

Date Written: May 9, 2016

Abstract

In this article, we discuss the case for extending voting rights in federal elections to permanent residents. It is our contention that extending the entitlement to vote to permanent residents – while arguably not strictly required by democratic justice in the absence of obstacles to accessing citizenship – is not only consistent with, but also reinforces the values of Australian society. Australia, as is evidenced by the institution of compulsory voting, places great value on citizens’ duty of participation. We argue that the extension of voting rights to permanent residents would play a productive role in instilling a culture of engagement and political responsibility among those living within Australian borders. In New Zealand, the extension of voting rights to permanent residents in 1975 has been credited with producing a ‘uniquely inclusive political community’.

Moreover, granting voting rights to permanent residents is consistent with the changing face of citizenship. The increasing movement of citizens between states in the 20th century has complicated the role of citizenship in defining membership of the polity. As the political community has become increasingly heterogeneous, membership is no longer simply assigned as a product of birth or ancestry. Citizenship necessarily focuses on the real connections between persons and states, and residence has necessarily grown in importance for the attribution of rights traditionally associated with full and formal political membership, or even thicker notions of national belonging.

Keywords: permanent residents, voting rights, non-citizens

JEL Classification: K49

Suggested Citation

Reilly, Alexander and Torresi, Tiziana, Voting Rights of Permanent Residents (May 9, 2016). UNSW Law Journal Volume 39(1) 2016 pp. 401 - 420, U. of Adelaide Law Research Paper No. 2016-15, Available at SSRN: https://ssrn.com/abstract=2777870

Alexander Reilly (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

Tiziana Torresi

The University of Adelaide

Adelaide, South Australia 5005
Australia

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