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The Law of Deliberative Democracy
Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those inter...
The Law of Politics
This book is the first dedicated monograph on the law on democratic politics in Australia. It synthesises the law on elections, with a central focus on political parties, parliamentary elections and referenda at Federal and State levels.It unearths the rules that apply to elections and referenda, campaigning and political broadcasting, and political parties and money. It explains them in their political context and, while it draws on some local government case law, its focus is parliamentary politics. The longest chapter of the book is devoted to the role of courts in overseeing elections, particularly the jurisdiction of petitioning or challenging election outcomes.Orr uses all five sources of electoral law, its development, expression and interpretation, in Australia: constitutions; courts and tribunals; legislation; parliamentary committees; and electoral commissions. He documents the extraordinary detail of the legislation (there has to be a pencil in each electoral booth!) and the array of obscure cases the law has given rise to. Supported under a grant from The Law Foundation of South Australia.
Ritual and Rhythm in Electoral Systems
‘Why do we vote in schools?’ ‘What is the social meaning of secret balloting?’ ‘What is lost if we vote by mail or computers rather than on election day?’ ‘What is the history and role of drinking and wagering in elections?’ ‘How does the electoral cycle generate the theatre of election night and inaugurations?’ Elections are key public events - in a secular society the only real coming together of the social whole. Their rituals and rhythms run deep. Yet their conduct is invariably examined in instrumental ways, as if they were merely competitive games or liberal apparatus. Focusing on the political cultures and laws of the UK, the US and Australia, this book offers an historicised and generalised account of the intersection of electoral systems and the concepts of ritual, rhythm and the everyday, which form the basis of how we experience elections. As a novel contribution to the theory of the law of elections, this book will be of interest to researchers, students, administrators and policy makers in both politics and law.
Novel Judgements
Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marria...
Handbook of Political Party Funding
Scrutinizing a relatively new field of study, the Handbook of Political Party Funding assesses the basic assumptions underlying the research, presenting an unequalled variety of case studies from diverse political finance systems.
The Cambridge Handbook of Deliberative Constitutionalism
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
A Century of Compulsory Voting in Australia
Compulsory voting has operated in Australia for a century, and remains the best known and arguably the most successful example of the practice globally. By probing that experience from several disciplinary perspectives, this book offers a fresh, up-to-date insight into the development and distinctive functioning of compulsory voting in Australia. By juxtaposing the Australian experience with that of other representative democracies in Europe and North America, the volume also offers a much needed comparative dimension to compulsory voting in Australia. A unifying theme running through this study is the relationship between compulsory voting and democratic well-being. Can we learn anything from Australia’s experience of the practice that is instructive for the development of institutional bulwarks in an era when democratic politics is under pressure globally? Or is Australia’s case sui generis – best understood in the final analysis as an intriguing outlier?
Electoral Democracy
A healthy democracy relies on a healthy electoral system. Are the ways we run elections and political parties adapting to contemporary challenges and learning from international experience? Drawing together leading political scientists and legal scholars, Electoral Democracy examines pressing debates about the regulation of political finance, parties and representation in Australia. It does so by testing the system and reform proposals against three fundamental; and sometimes conflicting; values: political equality, liberty and integrity. This book will inform and provoke all who take part in and care about Australia's electoral democracy.
Nurses' Voices from the Northern Ireland Troubles
A collection of personal accounts from nurses who worked during the Troubles in Northern Ireland.
The Funding of Political Parties
This book explores the problems associated with regulating the funding of political parties and election campaigns in a timely assessment of a topic of great political controversy. From interest in Obama's capacity to raise vast sums of money, to scandals that have rocked UK and Australian governments, party funding is a global issue, reflected in this text with case studies from Australia, Canada, New Zealand, United Kingdom, and the United States. Taking an interdisciplinary approach with leading scholars from politics, geography and law, this text addresses key themes: contributions, spending controls, the role of broadcasters and special interests, and the role of the state in funding po...
