The Law Governing Australian Political Parties: Regulating the Golems

Narelle Miragliotta, Anika Gauja and Rodney Smith (eds), Contemporary Australian Political Party Organisations, Monash University Press, 212-224, 2015

University of Queensland TC Beirne School of Law Research Paper

14 Pages Posted: 7 Oct 2015

See all articles by Graeme D. Orr

Graeme D. Orr

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

Date Written: October 6, 2015

Abstract

This chapter is broken into four domains: party registration, political finance, electioneering rules and common or contract law (of party's internal affairs). The 1990s trend to 'juridification' has not come to pass, as this law, mostly statutory, is within the parliamentary parties' control. Parties retain considerable flexibility; the deeper 'grundnorm' that shapes parties, which are primarily constituted as electoral actors or 'brands', is the broader voting system. Which in Australia is compulsory and largely majoritarian. Parties are ultimately like the Golems of central European mythology: powerful beasts of somewhat indeterminate shape, which hover between being of service to human society and threatening it.

Keywords: Political Parties, Elections Law, Regulation of Parties

Suggested Citation

Orr, Graeme, The Law Governing Australian Political Parties: Regulating the Golems (October 6, 2015). Narelle Miragliotta, Anika Gauja and Rodney Smith (eds), Contemporary Australian Political Party Organisations, Monash University Press, 212-224, 2015, University of Queensland TC Beirne School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2670369

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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