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| 1 | CONSTITUTIONAL LIMITATIONS AND THE ROLE OF THE COURTS The High court and judicial review of electoral legislation The Australian Constitution establishes a federal system of government comprising parliamentary government, democratic elections, responsible government, an independent High Court, the rule of law and the separation of powers. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | Had the court held otherwise, the review of electoral petitions by federal courts might have collapsed, due to the strict limitation against federal courts exercising non-judicial power. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | In contrast to the United States Supreme Court, for example, the High court of Australia plays an infrequent (and even then often minor) role in the development of electoral law. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | The decision of the High court in Australian Capital Television Pty Ltd v Commonwealth (ACTV) stands alongside more famous cases such as Mabo v Queensland (No 2)9 (dealing with the native title rights of Australia’s Indigenous peoples) as the high water mark of the activism of the High court under Chief Justice Mason. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | ACTVsuggested that the High court might take a more active role in shaping electoral law in Australia, perhaps even a role similar to that played by the United States Supreme Court. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | Without a solid constitutional guarantee on which to hang such a case, the court has been unwilling to follow the lead of the United States Supreme court in such seminal cases as Baker v Carr47 and Reynolds v Sims.48 But these failures, and the exceptional Queensland and Western Australian systems aside, a political and legal consensus has emerged around a principle that, at the very maximum, no seat should be above or below a tolerance of 10% from the average enrolment. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 7 | The High court struck down the legislation by implyinga constitutional freedom of communication in relation to governmental and political matters. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 8 | The question arises: why is such unfavorable treatment of independent candidates constitutional?12 What level of discrimination between candidates would the court not permit? This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 9 | Yet the electoral jurisdiction of the High court was not finally confirmed until 1999. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 10 | In Sue v Hill, the High court held that a petition to unseat a successful candidate on the basis of a lack of qualifications was an exercise in judicial power. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 11 | In either case, the independence of the judiciary could be tested, as the court would need to decide on the relevance of Parliament’s prior ruling (made in all likelihood on party lines) on the member’s qualifications. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 12 | But even in malfeasance cases, a hardline approach against the respondent on the question of remedies is in tension with the general law rule in Briginshaw v Briginshaw.26 Briginshaw is a well-known High court case that provides that the standard of proof in civil proceedings is effectively increased where the allegations are serious or would have grave consequences. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 13 | The more common view, found in Queensland cases and High court dicta, is that wherever electoral legislation is so detailed and comprehensive that it forms a code, the common law is ousted. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 14 | Yet in Featherston v Tully, a full bench of the South Australia Supreme court recently held that Woodward v Sarsonsapplied in that State. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 15 | But in adopting the common law test, the court took a second, more nebulous path, by asking whether the candidate’s pledges about which governing party he might support were so misleading, and whether they had permeated the electorate so deeply, that the whole election had been corrupted. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 16 | This is just the sort of situation where a court may need to exercise the discretion to order a fresh election. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 17 | A court in such a situation could, under ground (b) of Woodward, order a fresh election.34 A final controversy regarding judicial review of elections concerns the role of administrative law in overseeing the electoral process. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 18 | Unlike Canada, with its Charter of Rights and Freedoms, there is no constitutional guarantee on which to support prisoner voting.40 It remains to be argued whether sections 7 and 24 of the Constitution, which require Federal Parliament to be “directly chosen by the people,” could be interpreted by a rights-oriented High court to deny Parliament the power to disenfranchise competent adult citizens. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 19 | Proponents of strict “one-vote, one-value” have twice unsuccessfully asked the High court to entrench that principle through constitutional implication. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 20 | Under s 51(xxvi) of the Constitution, the Australian Parliament has the power to make laws with respect to “the people of any race for whom it is deemed necessary to make special laws.” This power might be used to create Indigenous quotas (unless this is seen by the High court as inconsistent with the direction in ss 7 and 24 of the Constitution that Parliament be “directly chosen by the people”). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 21 | (3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 22 | (3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 23 | (3) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 24 | (9) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within one year after the commission of the offence. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 25 | (11) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within one year after the commission of the offence. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 26 | (15) Any party to an application under subsection (12) who is aggrieved by the refusal of the magistrates’ court to act under subsection (13) may appeal to the Crown Court. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 27 | 29 In rule 56 (orders for production of documents), after paragraph (1) insert— “(1A) An order— (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or (b) for the inspection or production of that list, may be made by the High court or the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to an election in England and Wales or Scotland.” 30 After rule 56 insert— “Inspection of ballot paper refusal list: Great Britain 56A (1) Regulations may make provision about the circumstances in which a registration officer may open the sealed packet containing a completed ballot paper refusal list and inspect the list. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 28 | (2) After section 236 insert— “Disqualification of offenders for holding elective office etc 236A Disqualification orders (1) This section applies where— (a) a person (“the offender”) is convicted of a qualifying section 42 offence by a court, (b) the offender was aged 18 or over when the offence was committed, and (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 29 | (10) In this section— “court” means the court or officer sentencing the offender; “presumed” means presumed by the offender; “qualifying section 42 offence” means an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 9 to the Elections Act 2022; “relevant elective office” has the same meaning as in Part 5 of the Elections Act 2022 (see section 37 of that Act). 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 30 | (2) The High court or (in Scotland) the court of Session may make an information disclosure order against a person (“the respondent”) if satisfied on an application by a relevant enforcer that there is information identified in the notice under paragraph 1(1) which— (a) has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently), (b) is reasonably required by a relevant enforcer for a purpose within paragraph 1(1)(b), and (c) the respondent is able to provide. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 31 | (2) The High court or (in Scotland) the court of Session may make an electronic material disclosure order against a person (“the respondent”) if satisfied on an application by a relevant enforcer that there is electronic material referred to in the notice under paragraph 1(2) a copy of which— (a) has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently), (b) is reasonably required by a relevant enforcer for the purposes of determining whether electronic material has been published in contravention of section 41, and (c) the respondent is able to provide. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 32 | (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 33 | (12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (1)(b) to that Committee is to be read as a reference to the committee which for the time being has those functions.” (2) In section 156 of PPERA (orders and regulations), in subsection (3), before paragraph (a) insert— “(za) an order under section 100B(8);” (3) In Schedule 8A to PPERA (controlled expenditure: qualifying expenses), in paragraph 3, after sub-paragraph (10) insert— “(11) This paragraph does not apply in relation to expenses incurred during a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly) (see sections 100A and 100B as regards expenses incurred during such a period).” PART 5 DISQUALIFICATION OF OFFENDERS FOR HOLDING ELECTIVE OFFICE ETC 30 Disqualification orders (1) This section applies where— (a) a person (“the offender”) is convicted of a Schedule 9 offence, (b) the offender was aged 18 or over when the offence was committed, and (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 34 | (2) The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made— (a) for being nominated for election to a relevant elective office, and (b) for being elected to or holding a relevant elective office. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 35 | (6) For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the prosecution and the defence. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 36 | 31 Vacation of office etc (1) This section applies where a court makes a disqualification order in respect of a person who holds a relevant elective office. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 37 | (7) The court by or before which a person is convicted of an offence under subsection (1) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 38 | (2) The court by or before which the person is convicted of the offence or illegal practice may order a person by whom the electronic material is published to take the action specified in the order to remove the material, or to disable access to it, before the end of the period specified in the order. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 39 | (6) The court by or before which a person is convicted of an offence under subsection (4) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 40 | (5) The court by or before which a person is convicted of an offence under subsection (3) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 41 | (9) Any judgment of a district court under this subsection may be appealed to the court of appeals, and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme court of the United States upon certiorari or certification as provided in section 1254 of title 28. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 42 | (11) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (6), it may petition the court for an order to hold such person in civil contempt, but if it believes the violation to be knowing and willful it may petition the court for an order to hold such person in criminal contempt. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 43 | Any failure to obey the order of the court may be punished by the court as a contempt thereof. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 44 | (iii) Any person against whom an adverse determination is made under this subparagraph may obtain a review of such determination in the district court of the United States for the district in which the person resides, or transacts business, by filing in such court (prior to the expiration of the 30-day period, which begins on the date the person receives notification of the determination) a written petition requesting that the determination be modified or set aside. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 45 | (C) In any civil action for relief instituted by the Commission under subparagraph (A), if the court determines that the Commission has established that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of title 26, the court may impose a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation (or in the case of a violation of section 30122 of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1000 percent of the amount involved in the violation. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 46 | The district court immediately shall certify all questions of constitutionality of this Act to the United § 30110 States court of appeals for the circuit involved, which shall hear the matter sitting en banc. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 47 | Upon § 9010 application of the Commission an action brought pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 48 | Any certification, determination, or other action by the Commission made or taken pursuant to the provisions of this chapter shall be subject to review by the United States court of Appeals for the District of Columbia upon petition filed in such court by any interested person. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 49 | Such proceedings shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 50 | Any agency action by the Commission made under the provisions of this chapter shall be subject to review by the United States court of Appeals for the District of Columbia Circuit upon petition filed in such court within 30 days after the agency action by the Commission for which review is sought. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 51 | Upon petition by the Commission, any United States district court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a subpoena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 52 | (6) (A) If the Commission is unable to correct or prevent any violation of this Act or of chapter 95 or chapter 96 of title 26, by the methods specified in paragraph (4), the Commission may, upon an affirmative vote of 4 of its members, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order (including an order for a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation) in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 53 | (B) In any civil action instituted by the Commission under subparagraph (A), the court may grant a permanent or temporary injunction, restraining order, or other order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation, upon a proper showing that the person involved has committed, or is about to commit (if the relief sought is a permanent or temporary injunction or a restraining order), a violation of this Act or chapter 95 or chapter 96 of title 26. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 54 | (7) In any action brought under paragraph (5) or (6), subpoenas for witnesses who are required to attend a United States district court may run into any other district. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 55 | (8) (A) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party under paragraph (1), or by a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is filed, may file a petition with the United States District court for the District of Columbia. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 56 | (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 57 | (3) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether— (A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under subparagraph (a)(4)(A); (B) the conciliation agreement is in effect; and (C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 58 | Judicial review The Commission, the national committee of any political party, or any individual eligible to vote in any election for the office of President may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 59 | § 30145 Nothing in this subsection shall affect any proceeding pending in any court of the United States on January 1, 1975. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 60 | The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 61 | Powers of the member of the Central Election Commission may be terminated by the chambers of the Oliy Majlis of the Republic of Uzbekistan directly or upon the recommendation of the body which nominated him/her to membership, in the following cases: submission by him/her of a written application for resignation; he/she was recognized by the court as incapable; entry into force of the court's sentence against him/her; systematic failure to perform his/her duties; election or appointment to a position, the occupation of which in accordance with the law is incompatible with the exercise of the powers of a member of the Central Election Commission; recognition of him/her as missing or declaring dead on the basis of a court decision that has entered into legal force; loss of citizenship of the Republic of Uzbekistan; his/her death. General provisions Article 1. | Uzbekistan Electoral Law |
| 62 | Citizens declared legally incapable by the court, as well as persons being held in a place of detention by order of a court for committing grave and particularly grave crimes may not participate in elections. General provisions Article 1. | Uzbekistan Electoral Law |
| 63 | determine the procedure for the preparation and delivery of ballot papers to polling stations; hear the information of representatives of election commissions, political parties, ministries, state committees and agencies, local authorities, other state bodies and public associations on matters associated with preparation and conduct of elections; summarize the results of elections, determine the total voting results in the Republic of Uzbekistan and publish the information about the number of voters who participated in voting and the number of votes cast for each candidate; in cases provided for by the present Code, organize repeat voting, holding repeat elections and election for vacant position of retired deputies of the Legislative Chamber or members of the Senate, as well as holding repeat voting and repeat election of the President of the Republic of Uzbekistan; register elected deputies of the Legislative Chamber and members of the Senate and publish their lists in the press and in other sources; convene the first post-election meeting of the Legislative Chamber, the Senate; hand on to the elected person a certificate on election as the President of the Republic of Uzbekistan; issue to the deputy of Legislative Chamber and members of Senate a certificate and a breastplate respectively of the Deputy of Legislative Chamber and Member of the Senate; shall consider the appeals of voters and other participants in the electoral process and makes decisions on them, except for complaints on the actions and decisions of election commissions; submit materials on violation of requirements of the present Code to the court or law enforcement bodies; carry out international cooperation with representatives of electoral bodies of other countries, international organizations and foreign states, organize meetings, sign agreements and memorandums; participate in election observation in foreign countries, including missions of international organizations; invite international organizations, electoral bodies and representatives of foreign states for election observation; ensure that the documents relating to the organization and holding of elections are submitted to the departmental archives; approve the Regulation of the Central Election Commission of the Republic of Uzbekistan; strengthen and develop relations with public and the mass media. General provisions Article 1. | Uzbekistan Electoral Law |
| 64 | Powers of the regional, sub-regional and city election commission Regional, sub-regional, city election commission shall: exercise control over the execution of the present Code in the relevant territory, ensure its uniform application and provide explanations on the organization and conduct of election; form election constituencies for elections to the respective local Kengashes, assign them names and sequence numbers and publish information on the location of the election commission of that constituency; form the district election commissions for the elections to the relevant local Council and publish information on the composition of the commission; direct the activity of the respective election commissions, determine the procedure for making amendments to the composition of them, have an authority to cancel decisions of the district and precinct election commissions either independently or upon the proposal by the regional, sub-regional or city prosecutor, if these decisions contradict the present Code; accept relevant documents from political parties nominating candidates for the deputies; register candidates for deputies and issue them certificates; provide equal conditions for candidates to participate in election campaign; distribute funds among relevant election commissions, control over the provision of election commissions with premises, transport and communication facilities, and consider other matters of material and technical support of the elections; approve and prepare forms of ballot papers on the elections of the respective local Kengash, lists of voters, protocols of election commissions, its seals, other election-related documents; hear reports of political parties, other public associations, local authorities, citizens’ self-governing bodies and heads of enterprises, institutions and organizations on the preparation and conduct of elections; tabulate election results to the relevant local Kengash, register elected deputies, publish information on election outcomes and list of elected deputies in the press; issue a certificate and a breastplate of a relevant deputy of the local Kengash; resolve the matters related to the conduct of repeat election; shall consider the appeals of voters and other participants in the electoral process and makes decisions on them, except for complaints on the actions and decisions of election commissions; submit materials on the violation of the requirements of the present Code to the court or relevant law enforcement agencies; ensure the submission of documents related to the organization and conduct of elections to archives and departmental archives. General provisions Article 1. | Uzbekistan Electoral Law |
| 65 | Complaints on the results of the election of members of the Senate The decisions of the joint meetings, as well as the Central Election Commission, can be appealed to the Supreme court of the Republic of Uzbekistan within five days from the date these decisions are adopted. General provisions Article 1. | Uzbekistan Electoral Law |
| 66 | The decision on the invalidation of the election of the President of the Republic of Uzbekistan, the Legislative Chamber shall be made by the Central Election Commission and can be appealed to the Supreme court of the Republic of Uzbekistan within five days after the announcement of election results. General provisions Article 1. | Uzbekistan Electoral Law |
| 67 | Consideration of complaints against decisions of election commissions Decisions of election commissions can be appealed by the bodies of political parties that nominated candidates, by candidates themselves, by agents, by observers and by voters in court within five days after the decision is made. General provisions Article 1. | Uzbekistan Electoral Law |
| 68 | Decisions of the Central Election Commission may be appealed to the Supreme court of the Republic of Uzbekistan within five days after the decision has been made. General provisions Article 1. | Uzbekistan Electoral Law |
| 69 | Section 73 [Jurisdiction of the High Court] (1) The High court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences (i) Of any Justice or Justices exercising the original jurisdiction of the High Court: (ii) Of any other federal court, or court exercising federal jurisdiction; or of the Supreme court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council: (iii) Of the Inter State Commission, but as to questions of law only: and the judgment of the High court in all such cases shall be final and conclusive. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 70 | Section 77 [Jurisdiction of Federal Courts] With respect to any of the matters mentioned in the last two sections the Parliament may make laws (i) Defining the jurisdiction of any federal court other than the High Court: (ii) Defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States: (iii) Investing any court of a State with federal jurisdiction. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 71 | Chapter III The Judicative Section 71 [High Court] The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 72 | (8) A reverence in this section to the appointment of a Justice of the High court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the High court or of a court created by the Parliament to another office of Justice of the same court having a different status or designation. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 73 | (3) The appointment of a Justice of a court created by the Parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such court if he has attained the age that is for the time being the maximum age for Justices of that Court. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 74 | (2) But no exception or regulation prescribed by the Parliament shall prevent the High court from hearing and determining any appeal from the Supreme court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme court to the Queen in Council. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 75 | Section 74 [Supreme Jurisdiction of the High Court] (1) No appeal shall be permitted to the Queen in Council from a decision of the High court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High court shall certify that the question is one which ought to be determined by Her Majesty in Council. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 76 | Section 72 [Appointment, Removal, and Term of Justices] (1) The Justices of the High court and of the other courts created by the Parliament (i) Shall be appointed by the Governor General in Council: (ii) Shall not be removed except by the Governor General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehavior or incapacity: (iii) Shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 77 | (2) The appointment of a Justice of the High court shall be for a term expiring upon his attaining the age of seventy years and a person shall not be appointed as a Justice of the High court if he has attained that age. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 78 | (6) A Justice of the High court or of a court created by the Parliament may resign his office by writing under his hand delivered to the Governor General. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 79 | Section 75 [Original Jurisdiction of the High Court] In all matters (i) Arising under any treaty: (ii) Affecting consuls or other representatives of other countries: (iii) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party: (iv) Between States, or between residents of different States, or between a State and a resident of another State: (v) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth: the High court shall have original jurisdiction. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 80 | Section 46 [Punishment] Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pound to any person who sues for it in any court of competent jurisdiction. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 81 | The High court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 82 | (4) Subject to this section, the maximum age for Justices of any court created by the Parliament is seventy years. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 83 | (5) The Parliament may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 84 | (7) Nothing in the provisions added to this section by the Constitution Alteration (Retirement of Judges) 1977 affects the continuance of a person in office as a Justice of a court under an appointment made before the commencement of those provisions. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 85 | (2) The High court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 86 | (3) Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High court to Her Majesty in Council. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 87 | Section 76 [Conferred Original Jurisdiction] The Parliament may make laws conferring original jurisdiction on the High court in any matter (i) Arising under this Constitution, or involving its interpretation: (ii) Arising under any laws made by the Parliament: (iii) Of Admiralty and maritime jurisdiction: (il ) Relating to the same subject matter claimed under the laws of different States. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 88 | Section 79 [Number of Judges] The federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 89 | An arrest to enforce a court order in civil proceedings can only be made under a warrant issued by a court or by a power of arrest granted by the court in cases of domestic violence. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 90 | No one can be arrested with the exception of those suspected of committing a crime, those failing to comply with certain civil court orders, or individuals in contempt of a superior court or of Parliament. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 91 | Since 1966 Britain has accepted the right of individual petition under the Convention and the compulsory jurisdiction of the European court of Human Rights. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 92 | (4) Publicity: court proceedings are normally held in public and reporters from the media are admitted. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 93 | (6) Habeas Corpus: Anyone who thinks that his or her detention is illegal may apply to the High court for a writ of habeas corpus against the person detaining him or her. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 94 | A habeas corpus case has priority over other cases in the order of court business. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 95 | Individuals have the legal right to know about the data held on them and the right toask a court to have factually wrong or misleading data corrected or deleted. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 96 | (5) A local authority may apply to the court for a child care order. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 97 | This can only be made by the court if it is satisfied that the child is suffering, or is likely to suffer, significant harm. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 98 | As a general principle, tenants and most other residential occupiers cannot be evicted without a court order. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. | United Kingdom Constitution |
| 99 | Article III [Judiciary] Section 1 [Judicial Power] The judicial Power of the United States, shall be vested in one Supreme court , and in such inferior Courts as the Congress may from time to time ordain and establish. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. | USA Constitution |
| 100 | (2) In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme court shall have original Jurisdiction. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. | USA Constitution |
| 101 | In all the other Cases before mentioned, the supreme court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. | USA Constitution |
| 102 | Amendment VII [1791 - Common Law Suits] In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury, shall be otherwise re- examined in any court of the United States, than according to the rules of the common law. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. | USA Constitution |
| 103 | The President of the Republic of Uzbekistan shall: 1) guarantee observance of rights and freedoms of citizens, the Constitution and laws of the Republic of Uzbekistan, sovereignty, security and territorial integrity of the Republic of Uzbekistan, implementation of decisions regarding its national-state structure; 2) represent the Republic of Uzbekistan within the country and in international relations; 3) conduct negotiations and sign treaties and agreements of the Republic of Uzbekistan, ensure the observance of the negotiated by the Republic treaties, agreements and the assumed by it obligations; 4) receive letters of credence and recall from diplomatic and other representatives accredited to him; 5) present to the Senate of the Oliy Majlis of the Republic of Uzbekistan nominees for appointment heads of diplomatic and other representative offices of the Republic of Uzbekistan to foreign states and with international organizations; 6) have the right to address the people and the Oliy Majlis of the Republic of Uzbekistan on major matters of realizing home and foreign policies of the country; 7) form and abolish ministries and other republican bodies of executive authority with subsequent submission of decrees on these matters for approval by the Senate of the Oliy Majlis of the Republic of Uzbekistan; 8) represent to the Senate of the Oliy Majlis of the Republic of Uzbekistan a nominee for the election on the post of the Chairperson of the Senate; 9) appoint, with the approval of the Legislative Chamber of the Oliy Majlis, the Prime Minister of the Republic of Uzbekistan and the members of the Cabinet of Ministers of the Republic of Uzbekistan and dismisses them from their posts; 10) appoint and dismiss heads of committees, agencies and other republican state bodies in accordance with the legislation; 11) appoint and dismiss the Prosecutor General of the Republic of Uzbekistan and the Chairperson of the Chamber of Accounts of the Republic of Uzbekistan with the approval of the Senate of the Oliy Majlis of the Republic of Uzbekistan; 12) appoint, after consultation with the Senate of the Oliy Majlis of the Republic of Uzbekistan, the Chairperson of the State Security Service of the Republic of Uzbekistan, and dismisses him from his post; 13) present candidates to the Senate of the Oliy Majlis of the Republic of Uzbekistan for the Constitutional court of the Republic of Uzbekistan, the Supreme court of the Republic of Uzbekistan, the Supreme Judicial Council of the Republic of Uzbekistan, as well as for the posts of Chairperson of the Board of the Central Bank of the Republic of Uzbekistan, head of the republican body to counteract corruption and head of the republican anti-monopoly body; 14) appoint and dismiss, upon the submission of the Supreme Judicial Council of the Republic of Uzbekistan, Chairpersons and deputy Chairpersons of courts in regions and the city of Tashkent, the Chairperson of the Military court of the Republic of Uzbekistan; approve members of the Supreme Judicial Council of the Republic of Uzbekistan; 15) appoint and relieve, upon the submission of the Prime Minister of the Republic of Uzbekistan, khokims of districts and cities of their posts in accordance with law. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 104 | Citizens recognized by the court as legally incompetent, as well as persons held in places of deprivation of liberty by a court verdict for committed grave and especially grave crimes may be deprived of the right to participate in elections only in accordance with the law and on the basis of a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 105 | The Constitutional court of the Republic of Uzbekistan shall: 1) define the compliance of the Constitution of the Republic of Uzbekistan, laws of the Republic of Uzbekistan and resolutions of the chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions and orders of the President of the Republic of Uzbekistan, resolutions of the government, decisions of local bodies of state authority, interstate treaties and other obligations of the Republic of Uzbekistan; 2) conform the compliance of the Constitution of the Republic of Uzbekistan with the constitutional laws of the Republic of Uzbekistan — until they are signed by the President of the Republic of Uzbekistan, international treaties of the Republic of Uzbekistan — until they are signed by the President of the Republic of Uzbekistan of the laws of the Republic of Uzbekistan on their ratification; 3) conform the compliance of the Constitution of the Republic of Uzbekistan with issues to be submitted to the referendum; 4) conform the compliance of the Constitution of the Republic of Karakalpakstan to the Constitution of the Republic of Uzbekistan, laws of the Republic of Karakalpakstan — to laws of the Republic of Uzbekistan; 5) interpret the norms of the Constitution and laws of the Republic of Uzbekistan; 6) consider the appeal of the Supreme court of the Republic of Uzbekistan, initiated by the courts, on compliance of the Constitution of the Republic of Uzbekistan, normative-legal acts subjects to application in concrete cases; 7) based on summarizing practices of the constitutional legal procedures, represent annually the information on a status of constitutional lawfulness to the Chambers of of the Oliy Majlis of the Republic of Uzbekistan and the President of the Republic of Uzbekistan; 8) hear other cases relating to its competence in accordance with the Constitution and laws of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 106 | The citizens and legal entities shall have the right to apply to the Constitutional court of the Republic of Uzbekistan with a complaint about the compliance with the Constitution of the law applied to them by the court in a specific case, the consideration of which in court has been completed, and if all other remedies have been exhausted. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 107 | The President of the Republic of Uzbekistan, the Prime Minister, members of the Cabinet of Ministers, the chairmen of the Constitutional Court, the Supreme court and the Supreme Judicial Council, the Prosecutor General of the Republic, the Chairperson of the Board of the Central Bank shall have the right to attend sittings of the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan, as well as sittings of their bodies. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 108 | The right of legislative initiative also belongs to the Constitutional Court, the Supreme court and the Prosecutor General of the Republic of Uzbekistan on issues within their jurisdiction. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 109 | Citizens recognized by a court as legally incompetent, as well as persons held in places of deprivation of liberty by a court judgment, may not be elected. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 110 | The Constitutional court of the Republic of Uzbekistan shall elect from among its members the Chairperson of the Constitutional court of the Republic of Uzbekistan and his deputy. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 111 | The Supreme court of the Republic of Uzbekistan shall have the right to supervise the administration of justice of the inferior courts. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 112 | Persons participating in court proceedings, who do not know the language in which it is being conducted, shall have the right to be fully acquainted with the materials of the case, participate through an interpreter in proceedings and address the court in their native language. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 113 | The human rights and freedoms, established by the Constitution and the laws, shall be inalienable, and no one shall have the right to deprive or limit them without a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 114 | Arrest, commitment, and confinement are allowed only by a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 115 | Without a court decision, a person may not be detained for more than forty-eight hours. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 116 | Everyone, accused of committing a crime, shall be presumed innocent until proven guilty by a public trial in accordance with the procedure prescribed by law and established by a court verdict that has entered into legal force. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 117 | A person convicted of a crime shall have the right to appeal the sentence to a higher court in accordance with the procedure established by law, as well as the right to request a pardon or a reduced sentence. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 118 | This right shall be restricted only in accordance with the law and on the basis of a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 119 | A search of the residence shall be permitted only in accordance with the law and on the basis of a court decision. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 120 | Any forced labor shall be prohibited, except as punishment under the court decision, or in some other Instances specified by law. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 121 | No one may be deprived of his or her home except by a court decision and in accordance with the law. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 122 | Everyone shall be guaranteed judicial protection for his or her rights and freedoms and shall have the right to appeal to court any unlawful decisions, acts, or omissions of state bodies and other organizations, their officials. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
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