Electoral politics often appears to be a free–for–all. But elections, and the affairs of actors like political parties, are shaped by a complex web of rules and conventions. This area of the law in Australia is being chronicled by Associate Professor Graeme Orr.
‘The “law of democracy”, governing elections, political funding and parties has been neglected, until recently, in both academic and legal circles’ comments Dr Orr. His book on the topic, which will be published by Federation Press, will be the first in Australia.
‘A century ago, Australia had a reputation as an innovator in democratic process. Now things are much more stable, or moribund, depending on your perspective’ said Dr Orr. He notes, however, that ‘the Federal Labor government is currently consulting widely on reforms to money in politics, and more generally to brush up the electoral code.’
Campaign finance issues such as limiting the arms–race in election advertising and the influence of large donors, and improving disclosure, are at the forefront of concern worldwide. Other key questions include whether regulation could improve the internal democracy of parties, whether prisoners and resident–non–citizens should vote and whether campaigning, including on the internet, can be better regulated or whether ‘truth in political advertising’ is unattainable.
The law seeks to balance fundamental values such as political equality and political freedom. ‘In theory everyone’s voice should be equal. But established parties and their backers will always occupy centre–stage’ notes Dr Orr. Unlike in the US, these values are not constitutionalised in Australia, so the courts tend not to re–make electoral law. ‘Rather, Parliaments set detailed codes, and the independent electoral commissions give life to those codes.’
Dr Orr is also interested in how electoral processes shape the experiences of electors. ‘Too often we think of elections as just competitive games; instruments to decide which political elites get to govern us. But rules and practices about how polling occurs, and the role money plays in elections, also shape the ritual experience of voting and the educative messages of the system’ he observes.