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disputed election
disputed election
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Australian Electoral Law
Australian Electoral Law
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| # | Result | Source |
|---|---|---|
| 1 | But Sue v Hill raises other constitutional issues.18 For example, if the disputed returns power is judicial, attempts by states to oust all appeal rights from state Courts of disputed Returns may be unconstitutional. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | Judicial review of electoral process Separate Courts of disputed Returns exist in each jurisdiction, including the federal. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | These Courts, which grew out of 19th century legal practice, rule on disputed election outcomes. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | This would have thrown disputed elections back to parliamentary committees or other non-independent government bodies ruling on the validity of national electoral outcomes. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | Most Australian electoral legislation contains the rule that the “validity of any election or return” may be disputed only by petitioning the result. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | The situation is aggravated because Courts of disputed Returns work under very hurried time frames, and judges have broad discretion as to what evidence to admit. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 7 | The net result is that the rule of law may be less entrenched in disputed elections than Australians care to believe. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 8 | Section 47 [Scrutiny of Qualification and Elections] Until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member of the House of Representatives or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises. 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 |
| 9 | (4) The validity of an Act of Parliament, once passed, cannot be disputed in the law courts. 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 |
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