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| 1 | 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 |
| 2 | 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 |
| 3 | This, combined with a judicial reluctance to imply new rights into the text of the Constitution (such as from general conceptions of democracy), has meant that Australian courts rarely subject electoral laws to judicial review on rights grounds. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | This might have included judicial review of electoral legislation with regard to notions of free and fair elections, as well as rights and freedoms developed by the judiciary. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | But even assuming parliament cannot be trusted to enact disinterested law, judicial review may not always be the best cure. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | 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 |
| 7 | 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 |
| 8 | Another conundrum for judicial review is the extent to which the “common law of elections” survives. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 9 | 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 |
| 10 | Subjecting it to administrative review may help lead to more consistent and fairer practice. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 11 | Yet, on the other hand, parties and even cranks can misuse administrative review in ways that waste administrative resources, stymie efficient electoral administration and encourage “defensive” practices by electoral authorities. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 12 | This rule puts a barrier in front of general judicial review of electoral process. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 13 | If “election” is interpreted narrowly as “election result,” rather than “any process within an election,” judicial review would be more widely available. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 14 | But the arguments against opening electoral processes to general judicial review are that electoral purity is an unrealistic goal and that courts should be reticent to interfere if the electoral authority has acted reasonably. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 15 | As noted above, courts now routinely review party affairs, at least for consistency with their rules. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 16 | However, the obvious alternative model, viz making appointments subject to an open process of parliamentary scrutiny (in line with the United States model of Senate review of significant federal appointments) may simply result in a greater politicization of appointments. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 17 | As a study by John Uhr suggests, the history of the Joint Standing Committee on Electoral Matters has been rewarding in this regard.93 It has tended to institutionalize parliamentary review of federal electoral law and practice and ensured both public and expert input into a rolling process of law reform. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 18 | 4D 5-yearly review and designation of statement (1) The Secretary of State must review a statement designated under section 4A if a period of 5 years has elapsed since— (a) the time when the statement was first designated under section 4A, or (b) if later, the time when the statement was last designated under that section by virtue of this section or section 4E. 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 |
| 19 | (5) Where the Secretary of State proceeds under subsection (4)(a) or (b)— (a) the Secretary of State must designate the statement (whether or not revised) under section 4A(1); (b) if the statement is not designated before the end of the review period, the designation of the statement (in the form reviewed under subsection (1)) is treated as withdrawn at the end of that period. 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 |
| 20 | PART 7 GENERAL 62 Review of operation of Act (1) The Secretary of State must, within the review period— (a) prepare a report on the operation of this Act, (b) publish the report, and (c) lay a copy of the report before Parliament. 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 |
| 21 | (3) A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5-year period referred to in that subsection. 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 | (6) “The review period” means the 12 months beginning with the end of the 5-year period referred to in subsection (1). 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 | 4E Power to revise statement (1) The Secretary of State may revise a statement designated under section 4A otherwise than in consequence of a review under section 4D. 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 | (2) In subsection (1), “the review period” is the period— (a) beginning with the fourth anniversary of the day on which this Act is passed, and (b) ending with the fifth anniversary of that day. 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 | (10) A refusal to deliver a ballot paper to a voter is subject to review on an election petition. 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 | 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 |
| 27 | (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 |
| 28 | (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 |
| 29 | 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 |
| 30 | Prior to conducting any audit under this subsection, the Commission shall perform an internal review of reports filed by selected committees to determine if the reports filed by a particular committee meet the threshold requirements for substantial compliance with the Act. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 31 | Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, shall be final and conclusive, except to the extent that they are subject to examination and audit by the Commission under section 9007 and judicial review under section 9011. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 32 | 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 |
| 33 | Any petition filed pursuant to this section shall be filed within thirty days after the certification, determination, or other 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 |
| 34 | Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, are final and conclusive, except to the extent that they are subject to examination and audit by the Commission under section 9038 and judicial review under section 9041. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 35 | The provisions of chapter 7 of title 5, United States Code, apply to judicial review of any agency action, as defined in section 551(13) of title 5, United States Code, by the Commission. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 36 | § 30109(a)(12) Judicial review of FECA, 52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 37 | § 30101(19) FEDERAL ELECTION CAMPAIGN ACT, continued Judicial review of, 52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 38 | § 9010 Judicial review of Commission action, 26 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 39 | § 9040 Judicial review of Commission action, 26 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 40 | §§ 30107(a)(8) and 30111(a)(8) Congressional review of, 26 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 41 | Precinct election commission shall review the complaints (applications) received during the voting and counting of votes. General provisions Article 1. | Uzbekistan Electoral Law |
| 42 | Section 97 [Transition of Colony Revenue Laws] Until the Parliament otherwise provides, the laws in force in any colony which has become or becomes a State with respect to the receipt of revenue and the expenditure of money on account of the Government of the Colony, and the review and audit of such receipt and expenditure, shall apply to the receipt of revenue and the expenditure of money on account of the Commonwealth in the State in the same manner as if the Commonwealth, or the Government or an officer of the Commonwealth, were mentioned whenever the Colony, or the Government or an officer of the Colony is mentioned. 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 |
| 43 | It includes a review of the public finances of the previous year, and proposals for the estimated expenditure of the coming year. 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 |
| 44 | The Speaker of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan shall: 1) convoke sittings of the Legislative Chamber, preside at them; 2) exercise the general direction over a preliminary review of matters to be submitted for consideration by the Legislative Chamber; 3) coordinate the work of the committees and commissions of the Legislative Chamber; 4) organize the control over the implementation of laws of the Republic of Uzbekistan and resolutions of the Legislative Chamber; 5) direct the work on antiparliamentary relations and the activity of the groups of the Legislative Chamber connected with the work of international parliamentary organizations; 6) represent the Legislative Chamber in interrelation with the Senate of the Oliy Majlis of the Republic of Uzbekistan, other state bodies, foreign states, international and other organizations; 7) sign resolutions of the Legislative Chamber; 8) exercise other powers provided for by this Constitution and legislative acts. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 45 | The Chairperson of the Senate of the Oliy Majlis of the Republic of Uzbekistan shall: 1) convoke sittings of the Senate, preside at them; 2) exercise the general direction over a preliminary review of matters to be submitted for consideration by the Senate; 3) coordinate the work of the committees and commissions of the Senate; 4) organize the control over the implementation of laws of the Republic of Uzbekistan and resolutions of the Senate; 5) direct the work on interparliamentary relations and the activity of the groups of the Senate connected with the work of international parliamentary organizations; 6) represent the Senate in interrelation with the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, other state bodies, foreign states, international and other organizations; 7) sign resolutions of the Senate; 8) exercise other powers provided for by this Constitution and legislative acts. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
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