Abstract

Abstract While High Court Constitutional challenges to Australian electoral laws have not frequently been successful, the recent decisions of Roach v. Electoral Commissioner and Rowe v. Electoral Commissioner have elicited a more sympathetic response from a majority of Australia's highest court. This article draws analogies between the electoral jurisprudence of the Supreme Court of the United States and the High Court of Australia's proportionality approach to argue that the High Court is, in effect, edging towards the variable scrutiny approach of the Supreme Court.

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