Martin v Electoral Districts Boundaries Commission

[2017] SASCFC 18

South Australia Full Court

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For Australian Law.

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Interrogate

Catchwords

1. Constitutional Law
2. › States
3. › South Australia
4. › Electoral districts and redistribution
5. › Electoral Districts Boundaries Commission
6. › Whether s 77 of Constitution Act 1934 (SA) implicitly requires pursuit of numerical equality of electors
7. › Whether 10% tolerance is a ceiling or a target range
8. › Constitution Act 1934 (SA), ss 77, 83, 86
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Implied requirements
5. › Whether numerical equality of electors implied as overriding objective or mandatory relevant consideration
6. › Amended statute to be read as a whole
7. › Constitution Act 1934 (SA), ss 77, 83
1. Constitutional Law
2. › The non-judicial organs of government
3. › The Legislature
4. › Elections and related matters
5. › Electoral redistribution
6. › Government of the majority objective
7. › Innate imbalance in voting patterns
8. › Whether finding of no evidence of poor campaign resource placement was erroneous
9. › Constitution Act 1934 (SA), ss 83(1), 86
1. Administrative Law
2. › Judicial review
3. › Appeal against electoral redistribution order
4. › Nature of appeal under s 86 of Constitution Act 1934 (SA)
5. › Whether order 'duly made'
6. › Scope of review for error of law

Quick Take

Section 77 of the Constitution Act 1934 (SA) does not implicitly require the EDBC to pursue numerical equality of electors as an overriding objective; equality of elector numbers is a relevant consideration but s 83(1) (the government of the majority objective) must be accorded paramountcy over s 83(2) and any implication from s 77. An appeal under s 86 is not limited by the historical constraints of certiorari but extends to any error of law including failure to comply with express or implied statutory requirements of Part 5.