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Australian Electoral Law

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1 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
2 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
3 Moreover, the traditional role of scrutineers, that is, those people nominated by candidates to watch the count to assist in ensuring a fair and accountable result, may need to be reconceived to adapt to changes in voting practices and the technology of the count. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
4 PARTIES, CANDIDATES AND CAMPAIGNING Party pre-selections and the role of the electoral authorities Recently, allegations of “rorting” in party pre-selections have gained widespread attention. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
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