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The Law of Politics Elections, Parties and Money in Australia 2nd edition
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The Law of Politics Elections, Parties and Money in Australia 2nd edition

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Overview
ISBN 9781760021917 NEW RELEASE 31 January 2019
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? 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.

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.


CONTENTS

Foreword by Antony Green AO   Click "Foreword" to download free preview
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

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