Constitutional Law: Analysis of Electoral System in Australia

This article analyzes the electoral system in Australia and its compliance with constitutional law provisions. It discusses the changes made in the system and the impact of those changes on the voting process.

Running head: CONSTITUTIONAL LAW
Constitutional Law
Name of the Student
Name of the University
Author Note

1CONSTITUTIONAL LAW
The electoral system that has been followed in the House of Representatives has
remained same since the year1918 and there has not been much change to that system. Fresh row
and debate started over the electoral reform in the year 20131. The contention that arose was
regards to the voting tickets that were allowed to the ‘micro-parties’. The ticket has given the
power to the micro parties a direct preference in the voting system which is inconsistent with the
way votes need to be conducted as they are against the voter’s expectations. The resultant of this
preference is that candidates who have very little primary votes (0.5 per cent) have been elected.
What followed post this issues was that there was a joint committee meeting conducted to
enquire into the alleged terms of reference. The election enquiry was instituted to ensure that the
reforms could be made ahead of the next election and that the electoral system could be
amended. It is pertinent to analyze and find ways to resolve the conflict with the help of
constitutional law provisions. The Senate election was done in accordance with the ballot
structure which mandated that the voting shall be done above and below the line in consonance
with the ballot structure. The reforms came in the year 2016 and before that the ticket voting
system was followed which ensured that the voting shall be initiated with full preferences above
the line and the voting below the line. The list system that was followed was for the benefit of
the voting process so that there is more transparency. This was therefore important as it was
necessary under this situation to implement the recommendations that was made by the Joint
Select Committee on Electoral Reforms. The parties or the groups who were intending to be part
of the electoral system has to register themselves and then they could propose the Electoral
Commission2.
1 Plouffe, Michael, and Roos van der Sterren. "Trading representation: Diplomacy’s influence on preferential trade
agreements." The British Journal of Politics and International Relations 18.4 (2016): 889-911.
2 Gauja, Anika. "Party dimensions of representation in Westminster parliaments: Australia, New Zealand and the
United Kingdom: Anika Gauja." Parliamentary Roles in Modern Legislatures. Routledge, 2015. 147-170.

2CONSTITUTIONAL LAW
The Commonwealth Electoral Amendment Bill 2016 was done as a result of the enquiry
that took place in the year 2016 and it abolished the voting system and introduced the
preferential voting system3. The requirement under the new preferential voting system was that
the voters had to allocate at least six preferences above the line and had to allocate 12
preferences below the line. In cases w2hen the voters chose to vote below the line, they had to in
such cases, express full preferences of all the candidates. The above the line method became
more popular and it gained more recognition and popularity4. The general election debacle that
took place in the year 2013 was unprecedented and therefore it gave rise to a distribution of
preferences that was made unknown to the voter and it went beyond their knowledge and
acknowledgment. This was widely seen in the 2013 general election and that was the flaw of the
general voting in 20135. The reason why the system was held to be against the p0rincipole of
constitution was that it was easy to manipulate with the help of the preferences that was flowing
in cases of the election and it was done with the help of the voting tickets. The micro-parties
started to form alliances and the parties mutually agreed to preference one another in the tickets
that they were holding ahead of the parties who did not belong to the arrangement. Therefore, the
game was related more to alliances and that the maximum number of parties who had planned to
join any alliance would be reflected in the preferences they were holding. The other implication
of the voting system was that the number of parties who were in possession of the tickets were
excluded or were included6. The problem with the voting system that was followed in the 2013
election was that the alliances that were formed between the micro-parties were strategic and it
3 McMillan, Mark. "Is Federalism being undermined in the current surge to'recognise'Indigenous Australians in (and
into) the Commonwealth Constitution?." Indigenous Law Bulletin8.25 (2016): 15.
4 Allan, James. "Only in Australia: The History, Politics and Economics of Australian Exceptionalism." (2016): 403.
5 Carson, Andrea, Yannick Dufresne, and Aaron Martin. "Wedge Politics: Mapping Voter Attitudes to Asylum
Seekers Using Large‐Scale Data During the Australian 2013 Federal Election Campaign." Policy & Internet 8.4
(2016): 478-498.
6 McAllister, Ian, Jill Sheppard, and Clive Bean. "Valence and spatial explanations for voting in the 2013 Australian
election." Australian Journal of Political Science 50.2 (2015): 330-346.

3CONSTITUTIONAL LAW
paid no heed to the principles of any sociological ideologies and no public policy regime was
kept in mind while devising this system. The registration of the micro-parties was done with the
motive of congesting the ballot system so that the funneling will take time7. The new 2016 Bill
aimed at abolishing the group as well as the individual voting tickets and it ensured that the
voters could allocate the required preferences above and below the line8. Only in cases when the
ballot papers had at least a minimum of one preference, the ballot paper would be approved and
it will be considered formal. This was inserted as a savings clause and it upheld the principles of
the preferential voting system. Post the amendment, the situation has recovered and there is an
inclusion of voting tickets along with optional preferential voting system. Therefore, under this
new principle the order of the parties who are in the system shall be nominated to the party. In a
particular situation, if it is seen that an elector shall only prefer one party or in cases when the
elector prefers more than one party. The sum that is expected in the party strength shall be
recounted as fewer than there is in the Senate vacancy list. According to section
1,7,8,13,24,25,28 and 30 of the Constitution, there is a provision of self-government which is
provided in the fundamental feature of the Government’s representation. As was held in the case
of Lange v Australian Broadcasting Corporation (1997)9, it was held that the democracy of
Australia should be prescribed by the help of ordinary legislation and it should be should also be
related to the minimum content which has been enshrined by the principles of the Constitution.
As per section 51(xxxvi), the Parliament has been given the power with relation to matters which
are constitutional and it shall continue to do so unless contradiction provided by the Parliament10.
As per the constitutional mandate, it has been specifically stated that the Constitution has to be
7 Allan, James. "The US constitution in trouble: Lessons from Australia." Quadrant 59.9 (2015): 57.
8 Williams, George. "Why it’s time to recognise Indigenous peoples in the Constitution." Australasian
Psychiatry 23.3 (2015): 214-217.
9 Lange v Australian Broadcasting Corporation (1997
10 Constitution of Australia, 1898

4CONSTITUTIONAL LAW
chosen by the people and that the process implemented while electing the members has to be
uniformly followed across the state. The implication of this constitutional mandate is that the
electoral system should be free and also has to be done keeping in mind the informed choice of
the people11.
In the case of Ditchburn v Australian Electoral Officer for Queensland [1999], the
primary question that was made as a submission was regarding the representation made in case
of preferential voting system. The doubt was if the senators elected in cases of the line
preference system was ‘directly chosen by the people’. The important case in the
constitutionality of the election system was in Attorney-General (Cth); Ex rel McKinlay v
Commonwealth 91975) where it was held that there shall be no interposition of any electoral
college between the electoral candidate and the voter. The proportional representation which is
inherent in the system is a constitutional mandate and it is very inherent to the system. The
power which has been given to the Parliament is very inconsistent with the provision of
constitutional requirement. Though the Court has the power to intervene in cases of electoral
matters, it shall only do so in cases when there is an express violation of constitutional terms.
The above the line voting system as tried to adopt the Group Voting Ticket regime and
the relation between the two systems have been very strongly connected. The relation between
population and the voting preference system, it has been very clearly established that it is
proportional. With the new amendment in the year 2016, it has been observed that there has been
a substantial reduction in the influence that the parties have imposed. The voter’s behavior as
well as rights are directly related to the way the constitution mandates. The Senate Ballot is
divided into above the line and below the line depending on the counting. The below the line are
11 Gauja, Anika. "The state of democracy and representation in Australia." Representation 51.1 (2015): 23-34.

5CONSTITUTIONAL LAW
considered to be formal whereas the above the line are formal when the ballot paper shall be
considered as a formal paper.
Answer 2
Directly proportional representation
The proportional representation is a part and parcel of the inherent feature of the
Australian constitution. The proportional representation is a constitutional mandate and it forms
a very important part of the representative government12. The senator’s choice in this forum shall
be directly proportional to the needs of the constitutional requirements and they shall receive the
votes as per the voting rights of the senate and shall be termed as one electorate. As per the
provisions of section 24, there is also a discourse on the way the election can be conducted and it
shall be in the similar requirements of the seats that are all prescribed by the constitution. With
reference to the election method, it has been amply put that even though there is an implied
condition of proportional representation which has been mentioned in the Constitution, there
shall be disparities with relation to method of voting and the rights that accrue later13. The
directly proportional representation is the method used for the purpose of calculating the number
of seats which are available within the senate as well as the House of Representatives. The
Commonwealth requirements are that there has to be a specific method applied for calculating
the votes and also denoting the quota wherein it shall be necessary to denote an attainment of one
sixth of the vote14.
12 Crowley, Kate. "Up and down with climate politics 2013–2016: the repeal of carbon pricing in Australia." Wiley
Interdisciplinary Reviews: Climate Change 8.3 (2017): e458.
13 Nagler, Matthew G. "Trading off the benefits and costs of choice: Evidence from Australian elections." Journal of
Economic Behavior & Organization 114 (2015): 1-12.
14 Gauja, Anika. "The state of democracy and representation in Australia." Representation 51.1 (2015): 23-34.

6CONSTITUTIONAL LAW
Under the Australian Parliamentary regime, members form groups or parties with people
of different values and ideas and the Government is formed by method of coalition along with
the support from the majority. Australia forms a representative democracy where the eligible
people shall have the right to vote for candidates. The voted candidates shall carry out all the
relevant business of the government in relation to carrying out the best business of the
government. The Government is responsible to the people and they are also answerable to people
as they are considered the responsible government as they are responsible to the Parliament. The
Government is responsible to carry on the functions and with complete responsibility as their
actions are questionable by the Parliament. The Parliament shall have the power to oversee the
functions and shall also answer the Parliament for all the actions taken by the Government as
well as its department.
The history of the electoral system in Australia has been very rich with the influence of
the colonies. The colonies formed the most important seedbed for colonies which led to the
increase of representation. This was a very important factor that led to the formation of the
electoral system. Since the very incorporation, there has been varied contravention of the
principles of democracy and therefore these also led to many contradictions which were against
the best interest of the federation. The principal agent concept within the federation has been
debated to be incompatible. As early has the 16th century has been testimony to the growing
rivalry between the two concepts- the ‘representation’ and ‘to represent’. Though both these
concepts are right in their places and they are not wrong conceptually, but there have been some
misgivings regarding the two concepts. When it comes to analyzing the two concepts in the form
of democracy, there has been some miscommunications and they have been held to be
incompatible in its democratic framework. Both the concepts cannot be used side by side in a

7CONSTITUTIONAL LAW
democratic set up and they cannot be held to be a good substantial reasoning behind using them
in an electoral system.
To come to the conceptualization of representation, it cannot be held to be as clear as it
seems from the term of the definition. The citizens are widely represented by their
representatives and they are what their representative does in a democratic set up, the Parliament
is the guiding platform and a member of that platform is an agent who is not working on the
delegation of the Parliament, but is working as an agent. It is called a principal agent world
because the relationship between agents and principal is how far the agents can represent the
principal and how far the principals are responsible for the works of the agent. The Australian
government with the help of the election system tried to thwart the majoritarian government and
also aimed to do away with the tyranny that the majority parties proclaim after being in power
for a very long time. As was said by J.S Mill that the voting rights should be given to people to
allow them to represent themselves. The important aspects of the electoral system is that the
incumbent politicians mostly prefer to be represented with the help of the principal agent
representation, as they consider themselves the agent to the framework and the principals are the
ones who choose them. The election process should be done keeping in mind the election
system should be in line with the constitutional provisions. Since the very inception in the 19th
century, the form of election covered in Australia was representative and the predominant
framework was microsomic. The colonial government which had small colonies believed that
through the form of representation, their ideas will be put forward and the Government will take
care of their demands. The colonies started making a robust as well as responsible Government,
as a result of which the microsomic government started to fail and it soon started to fade out. The
representation Government focuses on the principle of selection. The selection of the

8CONSTITUTIONAL LAW
Government was done keeping in mind that the ones who would be responsible enough to be the
majority Government. The voter will have the power to indicate his preferences with the help of
writing numbers against the candidates they deem fit. The number of preferences will be counted
in the end and the more the preferences against a particular candidate, the more it will be seen
that the candidate is considered to be of equal merit and has the potential to run the election. This
is done keeping in mind that the election system should be fair and transparent and everyone
should know who the deserving candidate before the election system proceeds. The number of
preferences that a particular candidate has received will be finally summed and based on that his
merit and worth shall be ascertained. The whole processing of marking the preferences is a fair
concept in the constitutional framework.
The problem with the ‘above the line’ voting system is that the voters are mostly left
clueless as to where their votes are going and they feel dejected as to the veracity and the
transparency of the voting system. The system which thrives on the ‘above the line’ voting
system thrives on creating dummy parties and also commits electoral fraud which goes beyond
any accountability. It is also observed that in cases of the lower housing, there can only be a
voting for one local member and the party leaders and the prime ministers are considered to be
immune from the voting system as they can go without reference to the voting system. This
process is not certain as there can be no assurance that the promises have been kept. The problem
with the current electorate system is that it does conform to constitutionality but only gives an
illusion of democracy which is not the real truth. In case of the electoral system, it is easily
accounted that a majority of seat can easily be won with the help of minority of votes. The
Senator’s position in the electoral system is similar to that of the House of Representatives and
therefore it can be stated that there is no hardcore principle of constitutionality that is followed.

9CONSTITUTIONAL LAW
Answer 3
According to section 7 and 24, it is stated that the senators shall be composed in every
state and the senators shall be chosen by the people. The method shall be provided by the
Parliament and they also have the power to increase or bring down the number of electorates.
The Parliament shall also reserve the right of equal representation of senates in each state and it
is also the rule that there shall be no less than six senators in every state.
Australia is considered to be of the oldest democracies in the world and after the
formation of the Commonwealth, there has also been 47 federal elections in Australia. The
duration of the federal elections is 3 years and it occurs at an interval of three years. In Australia,
it is compulsory for the people to vote and the citizens who have attained majority need to vote
in Australia. The requirements of voting in Australia is that the citizen has to be an adult on the
day of voting and also has to be an Australian citizen. The voting system that is followed in
Australia is that of preferential voting system and the method is implemented so that there is
transparency and fairness in the system. By virtue of this voting system, the voters rank their
candidates in order of their preference and then the candidates who have the lowest preferences
are eliminated from the system. Again, for the election of the senate, the method that is applied is
that of proportional representation, that is, there shall be a parity in the votes the senator has
received and the votes the party needed. Therefore, there has to be an equal distribution in the
votes and the percentage of votes the party has received has to be proportional to the votes that
the party has received. There is a constitutional guarantee to vote in Australia. The Constitution
gives the right to every citizen to vote in Australia and it has been enshrined in the legal
document that no one shall be deprived of his legal right to vote15.
15 Hammar, Tomas. Democracy and the nation state. Routledge, 2017.

10CONSTITUTIONAL LAW
The Parliament has the ultimate right to take the decisions regarding the voting of the
election and therefore they are the supreme authority when it came to the electoral rights. Under
section 41 of the Constitution, it has been clearly stated that any person who has attained the age
of majority and has also acquired the right to vote shall not be prevented from voting and the
people of the Commonwealth should have the right to vote16. Voting is done to be done by the
people and for the people. The ultimate mandate of democracy is that no one shall be made to
lose a preference and they should have the right to represent their votes in an electoral system.
One of the most important reasoning for allowing everyone to vote was in line with the
democratic mandate that states that being a part of a democracy, everyone should have the right
to cast their vote and also make their representation rights marked. The representative
Government ensured that the voice of the people could be felt and that it also had a very strong
constitutional backing. Therefore, the point that the Government has tried to make with the help
of representative government is that people are free to make their choices felt and also they feel
that they are part of the Government. The right to freely vote in a democracy is important as it
upholds the primary clause of concern that the people who are the representatives of the
Government have the free will to vote17.
Bush v Gore was a landmark judgment that was related to the concept of democracy
where it was reinforced that even though there might be shortcomings and minor differences
within the Government, the fundamental principles of the democratic Government are needed.
The basic elements of a representative government is that they should follow the principles of
democracy and all the allied rights of natural law and the fundamental principles of democracy.
Australia has been primarily a country that has boosted of its democratic rights and by allowing
16 Ganghof, Steffen. "A new political system model: Semi‐parliamentary government." European Journal of
Political Research 57.2 (2018): 261-281.
17 Curtin, Jennifer. "Australia." European Journal of Political Research Political Data Yearbook 55.1 (2016): 14-21.

11CONSTITUTIONAL LAW
people to choose and elect their Government, it has proved to be one of the finest democracies in
the world.
The question regarding the amending of constitution has been done keeping in mind the
provisions of s 128 which states that it is a tool used to patriate the Constitution18. The question
has always been asked regarding the amending powers of the constitution and how it can be
achieved19. The measures that have been taken by the Government have been in sync with the
need to change the elements of the Constitution. There are some limitations to the amending
powers of the Constitution and the issues regarding the scope and interpretation of the provisions
of s 128 have been open to several discussions. The question regarding the scope of s. 128 has
been more political and the way it can be altered has been done so keeping in mind the scope and
purport of the same20.
The word chosen by the people has been entrenched in the Constitution and it is a
constitutional mandate which ensures that everyone in the democracy shall have the right to
choose their representatives21. The question that needs to be resolved is the extent of the
amendment is if can be amended to incorporate the elements of the process of selection22. The
Constitution also follows the principle of separation of power, that is, there are three arms of the
Government- the executive, judiciary and the Parliament23. The three arms of the Government
enjoy the power to make rules and the federal laws. In Australia, the judiciary aims to reach an
18
19 Macklem, Patrick, and Douglas Sanderson, eds. From recognition to reconciliation: essays on the constitutional
entrenchment of Aboriginal and treaty rights. University of Toronto Press, 2016.
20 Stone, Adrienne, and Elisa Arcioni. "Australian Constitutional Culture and the Social Role of the Constitution."
(2015).
21 Gibson, Rachel K., and Ian McAllister. "Normalising or equalising party competition? Assessing the impact of the
web on election campaigning." Political Studies 63.3 (2015): 529-547.
22 Halderman, J. Alex, and Vanessa Teague. "The new south wales ivote system: Security failures and verification
flaws in a live online election." International Conference on E-voting and Identity. Springer, Cham, 2015.
23 Moser, Robert G., Ethan Scheiner, and Heather Stoll. "Social Diversity, Election Rules, and the Party
System." The Oxford Handbook of Electoral Systems. 2018.

12CONSTITUTIONAL LAW
equilibrium regarding the application of the laws24. The Constitution is considered the most
powerful legal document in Australia and it is essential to keep in mind that the Constitution has
the ability alter and therefore the rights that accrue out of it are also attributed to the
Constitution25. The Constitution can only be altered if it receives the assent of people. The
Constitution can be changed if the majority agrees to the amendment. The process by which the
majority view can be taken into consideration is done with the process of referendum. The
process by which the referendum can be accepted is double majority. Therefore, the double
majority can be achieved when there is a majority of voters as well as a national majority. The
proposal is that the powers of the Parliament should be limited so that they do not exercise
ultimate and autonomous power26.
The Australian Parliament exercises superior and ultimate authority and therefore the
beginning of the argument is that the Parliament shall have the right and the authority to bind its
successors27. The Parliamentary Supremacy exercised by the Australian Government is very
basic feature and they exercise the power in electing the Senator. This method has been severely
criticized and has also be held to be a mockery of democracy as the voters feel duped and
cheated and they never understand where their votes are going. This is a big flaw in the
constitutional framework as there has to be proper count of the votes and the voters should be
aware of the rights and the exercise of their rights28. The question that has been repeatedly asked
is if the Parliament should have the absolute right to bind its successors and be an absolute owner
24 Jacquet, Jeffrey B., Katherine Witt, and William Rifkin. "A complex adaptive system or just a tangled mess?:
Property rights and shale gas governance in Australia and the US." Governing Shale Gas. Routledge, 2018. 55-68.
25 Johns, Gary. "Pearson's Peerage: A proposal to entrench the incentive to complain." Quadrant 59.7/8 (2015): 24.
26 Bruns, Axel, and Tim Highfield. "Social media in selected Australian federal and state election campaigns, 2010-
15." (2015).
27 Simpson, Genevieve, and Julian Clifton. "Subsidies for residential solar photovoltaic energy systems in Western
Australia: Distributional, procedural and outcome justice." Renewable and Sustainable Energy Reviews 65 (2016):
262-273.
28 Brennan, Frank Tenison. "Contours and prospects for Indigenous recognition in the Australian Constitution and
why it matters." Australian Law Journal (2016).

13CONSTITUTIONAL LAW
of their rights to elect the senator29. The entrenchment through the amendment of the
Constitution by applying the provisions of s. 128 is a mandatory requirement as it will help in
restoring the transparency and will also restore the faith of the people in the Constitution. The
purpose of keeping the provision of entrenchment is that the principles and the essence of those
provisions are so fundamental that they need proper care and reasoning30. The entrenchment
provision will therefore bind the Parliament in exercising superior rights and will also bind the
successors. The amendment procedure applicable in case of section 128 is very limited in its
powers and there are only two ways in which the entrenchment can be possible:
1. Reconstituted legislation
2. Renasinghe’s principle
Even if a provision seems to be erring in its principle, it is important to keep the provision in
element with section 12831. Therefore, there are methods to amend the Constitution, it is
necessary to incorporate the provisions of section 6 that states that any legislation of
constitutional nature has to be binding32.
29 Barber, Nicholas W. "Why entrench?." International Journal of Constitutional Law 14.2 (2016): 325-350.
30 Tanner, Chantal. "Would Constitutional Entrenchment of the Right to Legal Representation Result in a More
Effective Realisation of Legal Aid?." (2016).
31 Beck, Luke. Religious Freedom and the Australian Constitution: Origins and Future. Routledge, 2018.
32 Rogers, Juliet B. "Shame, Pain and Melancholia for the Australian Constitution." Narcissism, Melancholia and
the Subject of Community. Palgrave Macmillan, Cham, 2017. 161-184.

14CONSTITUTIONAL LAW
References
Allan, James. "Only in Australia: The History, Politics and Economics of Australian
Exceptionalism." (2016): 403.
Allan, James. "The US constitution in trouble: Lessons from Australia." Quadrant 59.9 (2015):
57.
Barber, Nicholas W. "Why entrench?." International Journal of Constitutional Law 14.2 (2016):
325-350.
Beck, Luke. Religious Freedom and the Australian Constitution: Origins and Future. Routledge,
2018.
Brennan, Frank Tenison. "Contours and prospects for Indigenous recognition in the Australian
Constitution and why it matters." Australian Law Journal (2016).
Bruns, Axel, and Tim Highfield. "Social media in selected Australian federal and state election
campaigns, 2010-15." (2015).
Carson, Andrea, Yannick Dufresne, and Aaron Martin. "Wedge Politics: Mapping Voter
Attitudes to Asylum Seekers Using Large‐Scale Data During the Australian 2013 Federal
Election Campaign." Policy & Internet 8.4 (2016): 478-498.
Constitution of Australia, 1898
Crowley, Kate. "Up and down with climate politics 2013–2016: the repeal of carbon pricing in
Australia." Wiley Interdisciplinary Reviews: Climate Change 8.3 (2017): e458.
Curtin, Jennifer. "Australia." European Journal of Political Research Political Data Yearbook
55.1 (2016): 14-21.

15CONSTITUTIONAL LAW
Ganghof, Steffen. "A new political system model: Semi‐parliamentary government." European
Journal of Political Research 57.2 (2018): 261-281.
Gauja, Anika. "Party dimensions of representation in Westminster parliaments: Australia, New
Zealand and the United Kingdom: Anika Gauja." Parliamentary Roles in Modern Legislatures.
Routledge, 2015. 147-170.
Gauja, Anika. "The state of democracy and representation in Australia." Representation 51.1
(2015): 23-34.
Gauja, Anika. "The state of democracy and representation in Australia." Representation 51.1
(2015): 23-34.
Gibson, Rachel K., and Ian McAllister. "Normalising or equalising party competition? Assessing
the impact of the web on election campaigning." Political Studies 63.3 (2015): 529-547.
Halderman, J. Alex, and Vanessa Teague. "The new south wales ivote system: Security failures
and verification flaws in a live online election." International Conference on E-voting and
Identity. Springer, Cham, 2015.
Hammar, Tomas. Democracy and the nation state. Routledge, 2017.
Jacquet, Jeffrey B., Katherine Witt, and William Rifkin. "A complex adaptive system or just a
tangled mess?: Property rights and shale gas governance in Australia and the US." Governing
Shale Gas. Routledge, 2018. 55-68.
Johns, Gary. "Pearson's Peerage: A proposal to entrench the incentive to complain." Quadrant
59.7/8 (2015): 24.
Lange v Australian Broadcasting Corporation (1997

16CONSTITUTIONAL LAW
Macklem, Patrick, and Douglas Sanderson, eds. From recognition to reconciliation: essays on the
constitutional entrenchment of Aboriginal and treaty rights. University of Toronto Press, 2016.
McAllister, Ian, Jill Sheppard, and Clive Bean. "Valence and spatial explanations for voting in
the 2013 Australian election." Australian Journal of Political Science 50.2 (2015): 330-346.
McMillan, Mark. "Is Federalism being undermined in the current surge to'recognise'Indigenous
Australians in (and into) the Commonwealth Constitution?." Indigenous Law Bulletin8.25
(2016): 15.
Moser, Robert G., Ethan Scheiner, and Heather Stoll. "Social Diversity, Election Rules, and the
Party System." The Oxford Handbook of Electoral Systems. 2018.
Nagler, Matthew G. "Trading off the benefits and costs of choice: Evidence from Australian
elections." Journal of Economic Behavior & Organization 114 (2015): 1-12.
Plouffe, Michael, and Roos van der Sterren. "Trading representation: Diplomacy’s influence on
preferential trade agreements." The British Journal of Politics and International Relations 18.4
(2016): 889-911.
Rogers, Juliet B. "Shame, Pain and Melancholia for the Australian Constitution." Narcissism,
Melancholia and the Subject of Community. Palgrave Macmillan, Cham, 2017. 161-184.
Simpson, Genevieve, and Julian Clifton. "Subsidies for residential solar photovoltaic energy
systems in Western Australia: Distributional, procedural and outcome justice." Renewable and
Sustainable Energy Reviews 65 (2016): 262-273.
Stone, Adrienne, and Elisa Arcioni. "Australian Constitutional Culture and the Social Role of the
Constitution." (2015).

17CONSTITUTIONAL LAW
Tanner, Chantal. "Would Constitutional Entrenchment of the Right to Legal Representation
Result in a More Effective Realisation of Legal Aid?." (2016).
Williams, George. "Why it’s time to recognise Indigenous peoples in the Constitution."
Australasian Psychiatry 23.3 (2015): 214-217.