this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Select from any of the filters or enter a search term
  • Product unavailable. Please contact bookshop on 03 9607 9348.
Law of Politics: Elections, Parties and Money in Australia e2

Law of Politics: Elections, Parties and Money in Australia e2

By Graeme Orr

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?

Corruption Professional Reputation 

Member

$81.00*

Non-Member

$90.00

VIEW CART
  • Full description

    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? 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.

    Fully 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.

  • About the author

    Graeme Orr is a Professor of Law at the University of Queensland, specialising in the law of politics and electoral democracy. His other books include Ritual and Rhythm in Electoral Systems (2015) and The Law of Deliberative Democracy (2017, with Ron Levy) and edited collections Realising Democracy (2003), Electoral Democracy (2011) and The Cambridge Handbook of Deliberative Constitutionalism (2018). In recognition of his work in these areas, including as a commentator and contributor to parliamentary inquiries, he was made a Fellow of the Australian Academy of Law. He is a board member and former international editor of the Election Law Journal.

    Graeme also researches and teaches labour law, and has been a columnist in that field for the Australian Journal of Administrative Law and is on the editorial board of the Australian Journal of Labour Law.

  • Product details

    ISBN: 9781760021917

    Published: 2019

    Format: Softcover

  • Table of contents

    Foreword by Antony Green AO
    Preface 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

Similar Products

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Justice in Society e2

Justice in Society e2

Matthew Ball and Belinda Carpenter

Member

$63.00*

Non-Member

$70.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Managing Intelligence: The art of influence

Managing Intelligence: The art of influence

Neil Quarmby and Lisa Jane Young

Member

$76.50*

Non-Member

$85.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Control of Government Action: Text, cases and commentary e5

Control of Government Action: Text, cases and commentary e5

Creyke, R; Groves, M; McMillan, J; Smyth, M

Member

$134.10*

Non-Member

$148.99

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Intelligence in Regulation

Intelligence in Regulation

Neil Quarmby

Member

$63.00*

Non-Member

$70.00

* The ‘Member’ price shown on this page refers to the standard discount for a Practicing Member. Other members, such as Student Members, may be entitled to lesser discount.