[67]
The remaining issues, that is, Mr Taylor’s standing and whether a declaration
should have been made in this case can be dealt with briefly.
Mr Taylor’s standing – the cross-appeal
[68]
As we have noted, no question of Mr Taylor’s standing was raised by the
Crown in either of the Courts below.88 The matter was accordingly not dealt with in
the High Court and was the subject of only brief discussion in the judgment of the
Court of Appeal. In these circumstances, we consider it is not helpful for us to traverse
broader questions of public interest standing. Given the way in which the issue of
standing arose, we do not have the benefit of these broader questions having been
properly ventilated in the Courts below.
[69]
Instead, we are content to conclude Mr Taylor has standing on the basis the
2010 Amendment expressly continued the prohibition on voting for long-term
prisoners especially in the context of a case focused on the jurisdiction of the court to
make a declaration of the type sought.89
The decision to grant a declaration in this case
[70]
As with standing, as the jurisprudence develops questions over the approach to
be taken to the exercise of the discretion to grant relief will arise. 90 However, we do
not need to resolve those questions or indeed any questions about how the discretion
to grant relief should have been exercised in this case. That is because the argument
before us focused on whether the court has the power to grant relief at all. In these
circumstances where, apart from the question of Mr Taylor’s standing, there were no
submissions addressed to the exercise of the discretion, we see no basis for disturbing
the conclusion of the Courts below that a declaration was appropriate.
88
89
90
See above at [17].
2010 Amendment, s 6.
In addition, there may well be a range of other practical issues about the approach to those cases
in which a declaration of inconsistency is sought. But it is not necessary or appropriate for us to
embark on a consideration of these matters now in the absence of argument.
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