McKenzie v Commonwealth [1984] HCA 75

McKenzie v Commonwealth [1984] HCA 75

The challenged provisions authorising Form E and above-the-line group voting were not unconstitutional because they still enabled votes for individual Senate candidates and any disadvantage to candidates outside registered parties or groups did not so offend democratic principles as to place the provisions beyond Parliament's power.

Jurisdiction
Australia
Procedural Posture
Constitutional Challenge to Commonwealth Electoral Act Provisions Authorising Senate Ballot Papers in Form E / Motion for Injunction; Statement of Claim Struck Out and Action Dismissed
Outcome
Motion for injunction refused; statement of claim struck out; action dismissed.
Legal Topics
['senate Elections' 'ballot Papers' 'group Voting Tickets' 'registered Political Parties' 'representative Democracy']
['constitutional Law' 'electoral Law'] ['senate Elections' 'ballot Papers' 'group Voting Tickets' 'registered Political Parties' 'representative Democracy']

Case Brief

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Procedural Posture

Constitutional Challenge to Commonwealth Electoral Act Provisions Authorising Senate Ballot Papers in Form E / Motion for Injunction; Statement of Claim Struck Out and Action Dismissed

Legal Issues

  1. 1 ['Whether provisions of the Commonwealth Electoral Act 1918 Cth authorising Senate ballot papers in Form E were beyond the power of the Parliament.' 'Whether simplified above-the-line voting meant electors voted for parties rather than candidates in contravention of s 16 of the Constitution.' 'Whether disadvantages to candidates who were not members of registered political parties or groups offended democratic principles under s 7 of the Constitution.']

Ratio Decidendi

The challenged provisions authorising Form E and above-the-line group voting were not unconstitutional because they still enabled votes for individual Senate candidates and any disadvantage to candidates outside registered parties or groups did not so offend democratic principles as to place the provisions beyond Parliament's power.

Court Disposition

Motion for injunction refused; statement of claim struck out; action dismissed.

Orders

  • ['Motion for injunction refused.' 'Statement of claim struck out.' 'Action dismissed.']