Realising Democracy: Electoral Law in Australia
Realising Democracy: Electoral Law in Australia
by Graeme Orr, Bryan Mercurio and George Williams
Hardcover 272 pgs.
Published: November 2003
ISBN: 1-86287-481-6
ISBN-13: 978-1-86287-481-7
$75.00

Realising Democracy: Electoral Law in Australia

This book examines the law of elections in Australia. It explores Australia's rich history of electoral law innovation, as well as exciting contemporary challenges such as electronic voting and party regulation. Topics covered also include the centenary of the first uniform federal franchise, the Gore v. Bush 2000 US presidential election, and the role of scrutineers in the electoral process.

The volume draws together a range of insiders, and other Australian and international commentators, with long experience in electoral administration and electoral law. Authors include leading lawyers, political scientists, historians, and electoral administrators.

Table of Contents

Foreword - Andy Becker, Australian Electoral Commissioner

PART ONE: INTRODUCTION
CHAPTER 1: The Australian Electoral Tradition - Graeme Orr, Bryan Mercurio and George Williams

PART TWO: THE INTERNATIONAL DIMENSION
CHAPTER 2: Lessons from the Florida Controversy - Daniel Lowenstein
CHAPTER 3: Electoral Reform in the United Kingdom - Keith Ewing
CHAPTER 4: Australian Electoral Law: Not a Model for Others - Michael Maley

PART THREE: A CENTURY OF REFORM
CHAPTER 5: Enrolling the People: Electoral Innovation in the New Australian Commonwealth - Marian Sawer
CHAPTER 6: Measuring Parliaments Against the Spence Standard - John Uhr

PART FOUR: FUNDAMENTAL RIGHTS AND VALUES
CHAPTER 7: The Evolution of the Commonwealth Franchise: Tales of Inclusion and Exclusion - Jennifer Norberry
CHAPTER 8: One Vote, One Value: The WA Experience - Kirsten Robinson

PART FIVE: CAMPAIGNS, PARTIES AND CANDIDATES
CHAPTER 9: Campaign Finance Reform in Australia: Some Reasons for Reform - Joo-Cheong Tham
CHAPTER 10: Dealing in Votes: Regulating Electoral Bribery - Graeme Orr
CHAPTER 11: Party Registration and Preselection: A Minefield for Electoral Administrators? - Steve Tully
CHAPTER 12: By Any Other Name: Parties, Candidates and their Ballot Labels - Tom Round

PART SIX: THE ROLE OF THE COURTS
CHAPTER 13: The High Court and the Constitutionalism of Electoral Law - Gerard Carney
CHAPTER 14: The Practice of Disputed Returns for Commonwealth Elections - Stephen Gageler
CHAPTER 15: Justiciability: The Role of Courts in Reviewing Electoral Administration - Angela O'Neil

PART SEVEN: BEST PRACTICE IN ELECTORAL GOVERNANCE
CHAPTER 16: The Independence of the Commissions: The Legislative Framework and the Bureaucratic Reality - Colin A Hughes
CHAPTER 17: Transparency and Elections in Australia: The Role of Scrutineers in the Australian Electoral Process - Phillip Green
CHAPTER 18: Beyond the Paper Ballot: Exploring Computerised Voting - Bryan Mercurio

Table of Cases
Table of Statutes
Index

"One of the strengths of this book is that in a series of short chapters it provides useful summaries of various areas of electoral law at a level that is accessible to both students and the non-lawyer. While the authors predominantly have legal backgrounds and cover issues from a legal perspective, this is leavened by the contributions of political scientists and electoral administrators."
-- Alternative Law Journal, Vol 29 No 3, June 2004

"There is too much content in this book to do justice to all of it in the confines of a single review. Taken as a whole, the collection forms a well-balanced, informative and quite readable overview of Australian electoral law. There is much about the issues discussed therein that will be familiar to election law aficionados from other jurisdictions, and much about the Australian response to those issues to make them think about their own backyards. For this reason, the appearance of this work is welcome, and it is wholeheartedly recommended."
-- Election Law Journal, Vol 3 No 2, 2004

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