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Australian Electoral Law
Australian Electoral Law
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| 1 | 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 |
| 2 | Universal adult suffrage was achieved for most Australians several generations ago—though indigenous Australians were less fortunate. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | The second fundamental issue about parliamentary design concerns indigenous representation. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | Outside Western Australia and the Northern Territory, indigenous Australians have not been elected to lower houses, and only a handful have been elected to any upper house. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | At a little over 2% of the national population, the indigenous population is so diluted that it would not be feasible, except perhaps in the relatively lightly populated Northern Territory, to experiment with the United States solution of drawing “majority-minority” constituencies (so called because race conscious apportionment is used to ensure at least a few geographically based seats are dominated by minorities). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | A more direct approach to ensuring some indigenous representation might follow the New Zealand model, where five Maori members, chosen by voters on the Maori Electoral Roll, are elected to the New Zealand Parliament. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 7 | 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 |
| 8 | But in practice, the idea of indigenous seats is not on the agenda of the major parties, and since there might be only 3 or 4 in a House of Representatives of 150, their creation would be largely symbolic. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
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