The Constitutional Role of Electoral Management Bodies: The Case of the Australian Electoral Commission. (December 2020)

• Record Type: Journal Article
• Authors: Kildea, Paul
• Is Part Of: Federal law review. Volume 48:Number 4(2020)
• Page Start: 469
• Page End: 482
• Publication Date: 2020-12
• Subjects: Law -- Australia -- Periodicals; 349.94
• DOI: 10.1177/0067205X20955097
• Languages: English
• ISSNs: 0067-205X

Abstract

Electoral management bodies are increasingly being recognised as 'fourth branch' institutions that have a role to play in safeguarding electoral democracy against government attempts to undermine the fairness of the electoral process. This article explores the extent to which the Australian Electoral Commission ('AEC') fulfils that constitutional function by facilitating and protecting electoral democracy. It demonstrates that independence, impartiality and a supportive legislative framework help the AEC to be effective in performing these roles, but that inadequate powers, lack of budgetary autonomy and answerability to political actors operate as constraints. More generally, the analysis presented shows the value of expanding our understanding of the role of fourth branch institutions so that we take account of their activities in both fostering and safeguarding key democratic values.