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ANU Law School · ANU College of Law, Governance and Policy
Electoral Law in a Digitial Age explores the underpinnings of contemporary Australian democracy by examining electoral law in practice against the backdrop of Australia’s political institutions and legal system. It ranges from exploring the legal principles that govern running elections in Australia through to contemplating the ways in which democracy is under threat in a modern era. The course will consider a range of different aspects of public law in practice. For example: the constitutional and legislative backdrop to the entitlement to vote, qualification to run for parliament and political communication, the administrative law principles at play in party registration and redistribution processes and the regulatory enforcement of money in politics. The position, influence and oversight of other players in our electoral and political system will also be examined, such as the courts, people (including through referenda), ministers and their advisors. There will also be the option to consider contemporary pressures (misinformation/disinformation, foreign interference and social media) and draw on comparative perspectives. In the first part of the course, we will focus on the theories, actors, and historical and contemporary tensions that underpin the study, practice and coherence of electoral law in Australia with a particular focus on representative democracy and equality of participation. This will include considering the development of 'the Australian ballot', exploring the system of representative and responsible government including the make-up of the legislatures and systems of voting across Australia and contemporary tensions about the roles of non-elected officials such as Ministerial advisors. We then move to develop and apply our understanding of substantive electoral law as well as proposals for legislative reform. Examples of these areas include: qualification of members and Senators, the implied right to vote, the implied freedom of political communication, regulating political communication, donations, party registrations, redistributions and the role of Courts in elections.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course WATTLE page.
Learning outcomes 1, 2, 3, 4
Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised.