Section 41 of the Constitution of Australia
Provision on the right of electors of States / From Wikipedia, the free encyclopedia
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Section 41 of the Australian Constitution is a provision within Chapter I, Part IV of the Constitution of Australia. It deals with the right of electors of States. During the time of federation, section 41 was used to ensure that no one that was enfranchised under the Constitution would be disenfranchised by the introduction of a replacement statutorily-defined franchise.[1] Modern case law—specifically those since R v Pearson; Ex parte Sipka in 1983—have concluded that this section no longer has any actual effect, and that no express right to vote in Australia can be inferred from it.[2]