Judicial Review of the Administration of Parliamentary Elections
Public Law Review, Vol. 23, pp 110-124, 2012
15 Pages Posted: 18 Jul 2012
Date Written: June 1, 2012
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
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