Overview

Democracy, in all its flaws, passions and intricacies, is the foundation of government. The law on it shapes our experience of electoral democracy. The very question of 'who' sets that law is contentious. Should it be set by courts via a constitution, or be the work of partisan but accountable legislators? The Law of Politics is the definitive account of this area. It chronicles and critiques the rules, cases and institutions at play. From voting rights to the framework for free and fair elections and referendums, and from political parties to restraints on money in politics.\n\nFully revised, this second edition encompasses major developments in the qualifications of members of parliament, voting systems, campaigning and political finance. It also includes a new chapter on local government. Throughout, the law is canvassed in light of the aspirations of liberty, equality, integrity and deliberation, as well as the realities of practical politics.

Full Product Details

Author:   Graeme Orr
Publisher:   Federation Press
Imprint:   Federation Press
Edition:   2nd Revised edition
ISBN:  

9781760021917

ISBN 10:   1760021911
Pages:   320
Publication Date:   31 January 2019
Audience:   General/trade ,  Professional and scholarly ,  General ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Foreword by Antony Green AO Click Foreword to download free previewPreface and Acknowledgments Table of Cases Table of Statutes 1. Defining the Law of Politics The Scope and Rationale of this Book Sources of Law in a Federation Electoral Law: Overwrought but Underdeveloped Australian Electoral Regulation: A Potted History Flux, Malpractice and Trajectories of Reform What is Electoral Law For? 2. Mapping Parliaments and Weighting Votes What is a Vote Worth? Parliamentary Design: Structure and Size Vote Weighting and One-Vote, One-Value Redistributions in Australia Independence: Depoliticising the Redistribution Process Redistribution Criteria Litigation and Controversies 3. The Franchise Voting Rights and Wrongs The Constitution and the Universality of the Franchise Qualifications for the Franchise and Reform Debates A Compulsory Franchise 4. On a Roll Giving Flesh to the Franchise The Roll: Privacy, Finality and Closure From Compulsory to Automatic Enrolment The Link to Place: Residency and Address What's in a Name? Power to Refuse Inappropriate Names 5. Initiating an Election and Qualifications Elections: When and Who The Electoral Commissions Electoral Writs, Timelines and Vacancies Ballot Access and Nominations Candidate Qualifications Disqualifications The Ramifications of Disqualifications Reform 6. Political Parties and the Law Parties: No Longer under the Legal Radar Court Involvement in Party Affairs Party Registration, Membership and Naming Anti-Discrimination Law Freedom of Association and Juridification 7. Campaigning and Advocacy On the Hustings Truth in Political Communication Misleading Electors in Casting a Vote Defamation Offensiveness Improper Influence and Electoral Bribery Identification of Material Rules about Canvassing Penalties and Time Limits for Offences `Horizontal Censorship' 8. Political Broadcasting and the Internet Campaigning in the Ether Freedom and Equality: the Breadth and Limits of Constitutional Implications An Obligation of Balance? Authorisation of Political Broadcasts Blackouts and Opinion Polling Electronic Communication ... and `Fake News' 9. How We Vote The How and the How Many Voting Systems The Secret Ballot Where and When We Vote Counting: Scrutiny and Formality Safeguarding Elections: Voter ID and the Count 10. Judging Elections: The Role of Courts in Electoral Practice The Terrain Disputed Returns and Parliamentary Membership Grounds of Challenge and the `Common Law of Elections' Injunctions and Administrative Review 11. Money in Politics Political Finance, Party Finance or Election Finance? The Genesis of Regulation The Federal-State Dimension Financial Disclosure Donation Limits Expenditure Limits Public Funding Enforcement Milking Incumbency: MP Allowances and Government Advertising A Watery Conclusion 12. Local Government The Nature, Promise and Limitations of Local Government Indigenous Local Government Terms and Voting Systems The Right to Vote and Be a Candidate Local Government Campaigns and their Finance Challenging Council Elections and Qualifications Local Polls and Referendums 13. Referendums and Direct Democracy Consulting the People Constitutional Referendums Key Features and Compulsory Voting at Referendums Challenging Referendums Direct Democracy and Plebiscites Bibliography on The Law of Politics in Australia Books and Symposia Articles, Chapters and Research Reports Index

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