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US style election-lawyering
November 20, 2007 | 4 Comments | Joshua Gans
According to reports, the Liberal party is going to bring in the lawyers after election day. This is the type of thing we have seen in the US since 2000. I thought we had an Electoral Commission to deal with this stuff.
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4 Responses to “US style election-lawyering”
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The real problem is that the Constitution’s election qualification rule is stupid. It effectively requires that anyone who runs for election must first quit – and not just merely go on leave from – any government job (e.g. teaching) that they have. So, all ten (or whatever) candidates in each seat must quit such jobs and, if they stuff it up inadvertently but still get ‘elected’, then the election must be held again. The obvious sensible rule would be to give anyone elected a grace period to quit. Alas, our constitution is so hard to amend that sensible changes like that will never happen.
Yes, it’d be nice if this were left to the AEC, but ultimately only the courts have the final say on whether the Constitution has been complied with or not. So, the election may get decided in our useless High Court.
[...] have, as Joshua Gans puts it, “US style election-lawyering” from the Coalition, who have released legal advise [...]
[...] is what? So that members of Parliament, whilst in power, don’t have a conflict of interest. Jeremy’s suggestion on Joshua Gans’ blog, of letting such candidates quit their jobs after winning the election is quite a good solution. [...]
Of course, it’s rally just a low-rent, low impact Liberal attempted smear, that has fallen flat on it’s face. It’s a pity the ABC chose to run it so quickly.