Hung Election could have led to High Court

11 September 2010

In light of resolution of the political impasse in Canberra, it is worth keeping in mind this affair might have headed for the High Court, writes Associate Professor Peter Gerangelos.

In article published in the Legal Affairs section of The Australian, Associate Professor Gerangelos suggests the the relevant onstitutional conventions that apply at a Hung Parliament may have a higher constitutional status - one that permits judicial enforcement, potentially inviting the High Court into the drama.

"Of course, Westminster convention, as well as precedents from Britain, other Commonwealth nations and the Australian states - already well-rehearsed by a number of commentators - provide relatively straightforward guidelines for the political parties and the ultimate constitutional guardian, the Governor-General.

"However, the possible legal status of these conventions under the commonwealth constitution appears to have been overlooked or understated."

View the entire article - Hung election could have led to High Court for judicial resolution - The Australian

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