Judicial Review of the Administration of Parliamentary Elections

Public Law Review, Vol. 23, pp 110-124, 2012

15 Pages Posted: 18 Jul 2012

See all articles by Graeme D. Orr

Graeme D. Orr

The University of Queensland - T.C. Beirne School of Law

Date Written: June 1, 2012

Abstract

The integrity of parliamentary elections is of undoubted importance. This article discusses the judicial role in overseeing the administration of election law. Although the question dates back over three centuries to the momentous case of Ashby v White, the jurisdiction of courts to intervene, under general judicial review law, remains in doubt. The historical reasons for this doubt are explored here, as are the doctrinal questions from the viewpoint of Australian legal doctrine. The article also canvasses theoretical and practical arguments about judicial review of electoral administration, concluding in favor of a liberal approach to such jurisdiction.

Keywords: election law, judicial review, courts of disputed returns, administrative law, election litigation, Ashby v White

Suggested Citation

Orr, Graeme, Judicial Review of the Administration of Parliamentary Elections (June 1, 2012). Public Law Review, Vol. 23, pp 110-124, 2012, Available at SSRN: https://ssrn.com/abstract=2108574

Graeme Orr (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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