A refresher on the laws and processes for Australia’s federal elections

With voting now underway for the 2025 federal election, we take a look at the legislative and constitutional requirements governing our electoral processes, the quirks of the Australian system, and what – apart from the beloved “democracy sausage” – makes the Australian way special. In this episode of The Lawyers Weekly Show, host Jerome Doraisamy speaks with Professor Donald Rothwell of the Australian National University about his work in international law, how our electoral system came to be at the time of Federation, the advantage for the incumbent prime minister of the day, major changes we’ve seen to our electoral laws, and how Australia ended up with a preferential voting system. Professor Rothwell also reflects on whether our current legislative and constitutional frameworks are fit for purpose with our elections, the appetite or otherwise for reform, the recent saga of MPs who were dual nationals, whether job-sharing MPs will be a thing of the future, the laws and processes governing minority government, whether such governments are truly representative of our democracy, and other interesting and quirky features of our system.

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