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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 | Under the general judicial review legislation, most administrative decisions made pursuant to a statutory power are potentially subject to (i) the provision of written reasons, and (ii) natural justice review. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | But judges in Australia’s highest courts, most notably justice Michael Kirby of the High Court, have increasingly recognized that the development of the Australian common law, including statutory and constitutional interpretation, ought be in accordance with fundamental norms reflected in international human rights principles. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | Criminal justice Act 1988 37 An offence under either of the following provisions of the Criminal justice Act 1988— (a) section 39(1) (common assault or battery); (b) section 134 (torture). 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 |
| 5 | Criminal justice and Public Order Act 1994 41 An offence under section 68 of the Criminal justice and Public Order Act 1994 (aggravated trespass). 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 |
| 6 | Criminal justice and Licensing (Scotland) Act 2010 (asp 13) 50 An offence under either of the following provisions of the Criminal justice and Licensing (Scotland) Act 2010— (a) section 38 (threatening or abusive behaviour); (b) section 39 (stalking). 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 |
| 7 | (6) In relation to an offence committed before section 281(5) of the Criminal justice Act 2003 comes into force, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to six months.” (4) In the heading, after “application for” insert “electoral identity document, anonymous elector’s document or”. 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 |
| 8 | The expert group includes experts of internal affairs bodies, justice bodies, as well as representatives of civil society institutions. General provisions Article 1. | Uzbekistan Electoral Law |
| 9 | Right to nominate candidates for the President of the Republic of Uzbekistan A political party may nominate a candidate for President of the Republic of Uzbekistan, provided that it is registered by the Ministry of justice of the Republic of Uzbekistan not later than four months before the announcement of the election campaign. General provisions Article 1. | Uzbekistan Electoral Law |
| 10 | Documents submitted by political parties for participation in the elections of the President of the Republic of Uzbekistan To participate in the elections of the President of the Republic of Uzbekistan no less than seventy days before the elections a political party must submit to the Central Election Commission: an application on participation in the election signed by the party leader; a reference on the registration of a political party from the Ministry of justice of the Republic of Uzbekistan; information about the future candidate for the post of the President of the Republic of Uzbekistan. General provisions Article 1. | Uzbekistan Electoral Law |
| 11 | Right to nominate candidates for deputies A political party may nominate candidates for deputies provided that it is registered by the Ministry of justice of the Republic of Uzbekistan no later than four months before the date of the announcement of the election campaign and has collected at least forty thousand signatures of voters supporting its participation in the elections. General provisions Article 1. | Uzbekistan Electoral Law |
| 12 | Documents submitted by political parties for participation in elections In order to nominate candidates for deputy, a political party must submit the following documents to the Central Election Commission not less than seventy days prior to elections: an application signed by the head of the party on participation in elections; a certificate confirming registration of the Ministry of justice of the Republic of Uzbekistan at least four months before the announcement of the start of election campaign; signature sheets. General provisions Article 1. | Uzbekistan Electoral Law |
| 13 | (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 |
| 14 | (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 |
| 15 | (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 |
| 16 | (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 |
| 17 | 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 |
| 18 | (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 |
| 19 | (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 |
| 20 | Following a series of miscarriages of justice which took place in the mid 1970s, the Government has set up a Royal Commission to examine the effectiveness of the criminal justice system. 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 |
| 21 | (2) Custody: Under the Criminal justice Act 1991, the offence must be so serious that it merits custody. 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 |
| 22 | When the President of the United States is tried, the Chief justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. 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 |
| 23 | The state shall carry out its activity based on the principles of legality, social justice and solidarity, to ensure human well-being and sustainable development of society. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 24 | The justice in the Republic of Uzbekistan shall be carried out only by the court. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 25 | 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 |
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