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Australian Electoral Law

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1 As a result, Australian law, and electoral law in particular, is less a product of judicial moulding and innovation than in many other nations. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 Australian courts, after a brief flaring of judicial activism, have reverted to the more restrained and orthodox Anglo-Australian approach to the separation of powers. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
3 Supporters of judicial activism in this area might argue that electoral law is such a fundamental aspect of democratic and legal legitimacy that it ought not be left to parliaments. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
4 A second example is the tension that exists where parliament retains the privilege to rule on the disqualification of members, concurrently with the possibility of judicial review. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
5 In summary, in many electoral law disputes there will be uncertainty about the level and onus of proof, the applicability of the common law, and the availability of judicial review. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
6 It is characterized by a lower degree of judicial intervention than is commonly experienced in nations such as the United States. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
7 United States – Constitution • Preamble • Article I [Legislature] • Section 1 [Legislative Power Vested] • Section 2 [House of Representatives] • Section 3 [Senate] • Section 4 [Elections of Senators and Representatives] • Section 5 [Rules of House and Senate] • Section 6 [Compensation and Privileges] • Section 7 [Bills] • Section 8 [Legislative Power] • Section 9 [Limits on Legislative Power] • Section 10 [Limits on States] • Article II [Presidency] • Section 1 [Election, Removal] • Section 2 [Presidential Powers] • Section 3 [Presidential Rights and Duties] • Section 4 [Impeachment] • Article III [Judiciary] • Section 1 [Judicial Power] • Section 2 [Scope of judicial Power] • Section 3 [Treason] • Article IV [States] • Section 1 [Faith and Credit] • Section 2 [Privileges and Immunities, Extradiction, Fugitive Slaves] • Section 3 [Admission of States] • Section 4 [Guarantees to States] • Article V [Amendment Proceedings] • Article V [Amendment Proceedings] • Article VI [Constitutional Status] • Article VII [Ratification] { Adopted on: 17 Sep 1787 } { Effective since: 4 March 1789 } { ICL Document Status: 1994 } Preamble We, the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. 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
8 Section 2 [Scope of judicial Power] (1) The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; - to all Cases affecting Ambassadors, other public Ministers and Consuls; - to all Cases of admiralty and maritime Jurisdiction; - to Controversies to which the United States shall be a Party; - to Controversies between two or more States; - between a State and Citizens of another State; - between Citizens of different States, - between Citizens of the same State claiming Lands under the Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 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
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