McGinty v Western Australia [1996] HCA 48

McGinty v Western Australia [1996] HCA 48

The majority held that neither the Commonwealth Constitution nor the Western Australian Constitution contains an implied requirement that electoral districts for State legislatures must provide for practical equality in the number of electors. The phrase 'chosen directly by the people' mandates direct elections but does not constitutionally require equality of voting power. Accordingly, the challenged Western Australian provisions are valid.

Jurisdiction
Australia
Procedural Posture
Constitutional Law—special Case Stated / High Court—final Merits Decision
Outcome
Claims dismissed; relevant statutes and provisions not invalid.
Legal Topics
['representative Democracy' 'equality of Voting Power' 'state Constitutions' 'manner and Form Provisions' 'implied Constitutional Rights']
['constitutional Law' 'electoral Law'] ['representative Democracy' 'equality of Voting Power' 'state Constitutions' 'manner and Form Provisions' 'implied Constitutional Rights']

Case Brief

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Procedural Posture

Constitutional Law—special Case Stated / High Court—final Merits Decision

Legal Issues

  1. 1 ['Whether s 6 of the Constitution Acts Amendment Act 1899 (WA) is invalid' 'Whether ss 2A(2), 6 and 9 of the Electoral Distribution Act 1947 (WA) are invalid' 'Whether voting malapportionment in Western Australia contravenes the principle of representative democracy as implied by the Commonwealth or State Constitution']

Ratio Decidendi

The majority held that neither the Commonwealth Constitution nor the Western Australian Constitution contains an implied requirement that electoral districts for State legislatures must provide for practical equality in the number of electors. The phrase 'chosen directly by the people' mandates direct elections but does not constitutionally require equality of voting power. Accordingly, the challenged Western Australian provisions are valid.

Court Disposition

Claims dismissed; relevant statutes and provisions not invalid.

Orders

  • ['(i) Section 6 of the Constitution Acts Amendment Act 1899 (WA) is not invalid.' '(ii) Sections 2A(2), 6 and 9 of the Electoral Distribution Act 1947 (WA) are not invalid.' '(iii) Unnecessary to answer the question of severability.' "The first, second and third plaintiffs pay the defendant's costs of the case...