Murphy v Electoral CommissionerCitation:[2016] HCA 36Before:French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJDate:05 Sep 2016Case Number:M247/2015Read more

Murphy v Electoral CommissionerCitation:[2016] HCA 36Before:French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJDate:05 Sep 2016Case Number:M247/2015Read more

The provisions of the Commonwealth Electoral Act 1918 (Cth) precluding consideration of claims for enrolment or transfer of enrolment and amendment of Electoral Rolls during the suspension period do not impermissibly burden the constitutional mandate that Parliament be directly chosen by the people, as the burden is justified by the need for orderly conduct of elections.

Parties
Unknown (not specified in input)
Jurisdiction
Australia
Judgment Date
05 September 2016
Procedural Posture
Constitutional Law / Judgment
Outcome
Provisions upheld
Legal Topics
Legislative Power, Franchise, Parliamentary Regulation of Voting, Electoral Roll Closure
Constitutional Law Legislative Power Franchise Parliamentary Regulation of Voting Electoral Roll Closure

Case Brief

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Parties

Unknown (not specified in input)

Procedural Posture

Constitutional Law / Judgment

Legal Issues

  1. 1 Whether provisions of Commonwealth Electoral Act 1918 (Cth) precluding consideration of claims for enrolment or transfer of enrolment and amendment of Electoral Rolls during suspension period burden the constitutional mandate that Parliament be directly chosen by the people
  2. 2 Whether such burden is justified by substantial reason

Ratio Decidendi

The provisions of the Commonwealth Electoral Act 1918 (Cth) precluding consideration of claims for enrolment or transfer of enrolment and amendment of Electoral Rolls during the suspension period do not impermissibly burden the constitutional mandate that Parliament be directly chosen by the people, as the burden is justified by the need for orderly conduct of elections.

Court Disposition

Provisions upheld

Orders

  • The challenged provisions of the Commonwealth Electoral Act 1918 (Cth) are valid.