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Hong Kong Police Force v. Electoral Affairs Commission
Document contents
that
there are provisions for “silent”, “unpublished” or “anonymous” electors in
Australia, New Zealand and the UK[11], all of which seek to cater for genuine
- Question Presented
- Whether a publicly accessible voter list violates the right to privacy?
- Legal Issue(s)
- Voter Registration
- Country
- Hong Kong
- Language of Decision
- English
- Date of decision
- May 5, 2020
Judgment
In re Representation of People Act and the September 7, 2015 Elections.
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v Johnson 74 AL JR 1380 which was decided in the High
Court of Australia, that the observer is “neither complacent nor is he
unduly sensitive or
- Question Presented
- Whether the potential for Chief Justice bias is sufficient to overturn the dismissal of a petition challenging election results.
- Legal Issue(s)
- Civil Procedure
- Electoral Integrity
- Judicial Independence
- Country
- Trinidad and Tobago
- Language of Decision
- English
- Date of decision
- Feb 6, 2020
Judgment
Attorney General v. Taylor
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within the judicial function conferred
by Ch III of the Commonwealth of Australia Constitution Act 1900 (UK) (the
Constitution).82
[62]
We consider the approach
- Question Presented
- Whether the 2010 Electoral Amendment Act is inconsistent with the Bill of Rights Act due to the provision disenfranchising prisoners
- Legal Issue(s)
- Judicial Independence
- Voter Registration
- Country
- New Zealand
- Language of Decision
- English
- Date of decision
- Nov 9, 2019
Judgment
Palmer v. Australian Electoral Commission (AEC)
- Question Presented
- Whether the practice of disclosing the indicative two-candidate preferred count (“Indicative TCP”) prior to the closing of all polling sites in the country by the Australian Election Commission (AEC) influenced the voters’ choice and undermined the impartiality or perception of impartiality of the Commission, therefore violating the election law and the Constitution.
- Legal Issue(s)
- Electoral Administration Irregularities
- EMB Operation
- Country
- Australia
- Language of Decision
- English
- Date of decision
- Aug 14, 2019
Judgment
Mexico SUP JDC 304 2018
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291
Por ejemplo, en el caso AB y AH vs Western Australia, la Suprema Corte de Australia ordenó que los Certificados de
Reconocimiento de Género solicitados
- Question Presented
- The High Chamber of the confirmed the validity of the candidacy of two transgender people (muxes in the state of Oaxaca) to occupy public posts reserved for women and revoked the registration of 15 male candidates.
- Legal Issue(s)
- Candidate Registration
- Gender
- Quotas
- Country
- Mexico
- Language of Decision
- Spanish
- Date of decision
- Jun 21, 2018
Judgment
Odinga v. IEBC
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the election
concerned.
[168] Comparative jurisprudence from other jurisdictions, notably
Australia; New Zealand; Canada; the United Kingdom; Ireland; the
Netherlands; India and
- Question Presented
- Which party has the burden of proof to contest an election?
- Legal Issue(s)
- Disputing Results
- Electoral Integrity
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Sep 1, 2017
Judgment
Tan Chen Bock v. Attorney General
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a significant one. The same point was made by
the Federal Court of Australia in Evans v Minister for Immigration and
Multicultural and Indigenous Affairs
- Question Presented
- Whether the reserved election clause solely permits choosing from the terms of office of Presidents elected by the citizens, or also includes those chosen by Parliament.
- Legal Issue(s)
- Candidate Registration
- Country
- Singapore
- Language of Decision
- English
- Date of decision
- Aug 23, 2017
Judgment
Bangladesh 16th amendment ruling
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(the
Constitution
of
Australia) for (a) extending the security of tenure
provided by Section 72 to all Judges in Australia,
and (b) establishing
- Question Presented
- Does the 16th amendment, which allows the legislature to remove Supreme Court justices on grounds of incapacity or misconduct, violate the Constitution?
- Legal Issue(s)
- EMB Independence
- Judicial Independence
- Country
- Bangladesh
- Language of Decision
- English
- Date of decision
- Jul 3, 2017
Judgment
Sinnott v. Minister for the Environment
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March 2017)
identified how the United Kingdom, Poland, Austria, Malta, Spain, Germany, Australia and the United
States of America had all provided for TVD voting.
39. Mr.
- Question Presented
- Whether the plaintiff's inability to cast a secret ballot based on his visual impairment violated his right to vote.
- Legal Issue(s)
- Elections as a Fundamental Right
- Country
- Ireland
- Language of Decision
- English
- Date of decision
- Mar 30, 2017
Judgment
Re Culleton
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Governor of Western
Australia notifying the Governor "that a vacancy has happened in the
representation of the State of Western Australia through the disqualification
- Legal Issue(s)
- Candidate Registration
- Country
- Nigeria
- Language of Decision
- English
- Date of decision
- Jan 31, 2017
Judgment
Electoral Commission v. Watson
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The
Report contained just one peripheral reference to parallel campaigning in Australia.81
[93]
Part 6 had two major elements when first enacted in May 1989
- Question Presented
- Whether the video and song Planet Key are considered election advertisements and/or election programs.
- Legal Issue(s)
- Social Media
- Country
- New Zealand
- Language of Decision
- English
- Date of decision
- Oct 20, 2016
Judgment
Rideout v. Gardner
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ballot is a method of voting using a
secret ballot that was first used in Australia in the mid-19th century. Id. at 7-9. It
has four characteristics: (1) ballots
- Question Presented
- Whether a prohibition of a photograph of a completed ballot violates the First Amendment?
- Legal Issue(s)
- Social Media
- Technology
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Aug 11, 2015
Judgment
Australian Electoral Commission v. Johnston
- Legal Issue(s)
- Electoral Administration Irregularities
- Electoral Integrity
- Country
- Australia
- Language of Decision
- English
- Date of decision
- Feb 18, 2014
Judgment
Union NSW v. New South Wales
- Question Presented
- Whether Election Code s 96D, and 95G6 are inconsistent with the Australia Constitution.
- Legal Issue(s)
- Campaign Finance
- Country
- Australia
- Language of Decision
- English
- Date of decision
- Dec 13, 2013
Judgment
Canadian Broadcasting Corp. v. Canada
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and business
affairs of the Australian Broadcasting Corporation, who
says that although Australia has three time zones, it does
not have staggered voting hours for federal elections
- Question Presented
- Whether the broadcasting restricted and alleged Charter violations therein may be heard on an expedited review basis.
- Legal Issue(s)
- Social Media
- Vote Verification and Transmission
- Country
- Canada
- Language of Decision
- English
- Date of decision
- Apr 11, 2011
Judgment
Quinn Leandro v. Jonas
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Antigua Election Rules have no
provisions which elaborate Rule 1(7). Statute in Australia,63 for example, provides
that the poll shall open at 8 o’clock in the
- Legal Issue(s)
- Disputing Results
- Electoral Administration Irregularities
- Electoral Integrity
- Country
- Antigua and Barbuda
- Language of Decision
- English
- Date of decision
- Oct 27, 2010
Judgment
Gandhi v. Narain
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Members. That is Article 1 Section 5 of the American Constitution. In
Australia any question of a disputed election to either House shall be
determined
- Question Presented
- Whether legislative acts passed during the appeals process may be retroactively applied to validate an election currently in the courts.
- Legal Issue(s)
- Disputing Results
- Judicial Independence
- Country
- India
- Language of Decision
- English
- Date of decision
- Jul 11, 1975
Judgment
Electoral Justice: The International IDEA Handbook
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slightly different system was adopted in other Commonwealth
countries, such as Australia, Pakistan and English-speaking Caribbean
countries such as Jamaica. Here, a final
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date of decision
- Item does not have this property
Resources
When Are Elections Good Enough? Validating or Annulling Election Results
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in almost all Council of Europe countries,18 as
well as the U.S.,19 Canada,20 and Australia.21
Between the prescriptive approach to annulment on the one hand and the outcom
- Preview
- Legal Issue and/or Topic
- Election Annulments
- Language
- English
- Date of decision
- Item does not have this property
Resources
GUARDE: Directrices para la comprension y resolucion de conflictos electorales
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ĂĐŝſŶĚĞƋƵĞũĂƐĨƵŶĐŝŽŶĂŵĞũŽƌĞŶůĂƐ͞ĚĞŵŽĐƌĂĐŝĂƐĐŽŵƉůĞƚĂƐ͟ĐŽŵŽůĂƐĚĞ
Europa Occidental, Norteamérica, Australia y Nueva Zelanda, en democracias estables como Brasil,
India,
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- Spanish
- Date of decision
- Item does not have this property
Resources
Scrutiny in Electoral Disputes: A Kenyan Judicial Perspective
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Elections Act, No. 24 of 2011, s. 6(1).
27 Countries such as the USA, Canada, Australia, India, and South Africa carry out scrutiny at various stages of their
respective
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date of decision
- Item does not have this property
Resources
Elections on Trial: The Effective Management of Election Disputes and Violations
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Honk Kong Chapter of the
International Law Section of the Law Council of Australia (Mar. 10, 2016).
23
24
Rt. Hon. Beverley McLachlin PC, Chief Justice
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date of decision
- Item does not have this property
Resources
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers
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Australia, and Council Member, IBA Human
Rights Institute). Members of the Committee who submitted comments were Justice Michael Kirby
(High Court of Australia),
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Portuguese
- Date of decision
- Item does not have this property
Resources
When Are Elections Good Enough? Validating or Annulling Election Results
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in almost all Council of Europe countries,18 as
well as the U.S.,19 Canada,20 and Australia.21
Between the prescriptive approach to annulment on the one hand and the outcom
- Preview
- Legal Issue and/or Topic
- Election Annulments
- Language
- English
- Date of decision
- Item does not have this property
Resources
The Resolution of Election Disputes: Legal Principles That Control Election Challenges
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followed by citations to cass from 28 states, Puerto Rico,
England, Australia and Canada. We find no better reason for
the general rule than
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date of decision
- Item does not have this property
Resources
Lessons on the Use of Technology in Elections
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includes all Council of Europe countries, as well as the U.S., Canada, and Australia.
29
30
15
LESSONS ON THE USE OF TECHNOLOGY IN ELECTIONS
Issue 3:
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Date of decision
- Item does not have this property
Resources
Inter-American Commission on Human Rights v. Republic of Peru
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Iceland), Merits, Judgment, I.C.J. Reports 1974, p. 9,
para.17; Nuclear Tests (Australia v. France), Judgment of 20 December 1974, I.C.J. Reports 1974, p. 257,
- Preview
- Legal Issue and/or Topic
- Election Annulments
- Judicial Independence
- Regional Jurisprudence
- Language
- English
- Date of decision
- Item does not have this property
Resources
The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections
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of state may be purely ceremonial, as in the United Kingdom, Canada and Australia.
What is the source of a statute’s authority?
The authority of a statute
- Preview
- Legal Issue and/or Topic
- Electoral Fraud
- Language
- English
- Date of decision
- Item does not have this property
Resources
Access to Justice and Electoral Integrity: A policy brief of the Electoral Integrity Initiative
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Kenya ($1.8); in
Asia and the Pacific: India ($1), Pakistan ($0.5), and Australia ($3.2).33
25
Access to Justice and Electoral Integrity
These financial resources
- Preview
- Legal Issue and/or Topic
- Legal Frameworks
- Language
- English
- Date of decision
- Item does not have this property
Resources
GUARDE: Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections
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best in “complete democracies” such
as in Western Europe, North America, Australia and New Zealand, in stable
democracies like Brazil, India, Mexico and
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date of decision
- Item does not have this property
Resources