Murphy v Electoral Commissioner: Between Severance and a Hard Place.

Murphy v Electoral Commissioner is the latest decision of the High Court of Australia addressing the constitutional validity of a federal electoral procedure. The Court upheld longstanding provisions of the Commonwealth Electoral Act 1918 (Cth) that temporarily prohibit persons from enrolling to vote or updating their enrolment before a Federal Election. This case note analyses three issues arising from the case. First, it examines the remedial difficulties posed by invalidating electoral legislation while the Parliament is dissolved. Second, it analyses the Court's narrow application of the 'directly chosen by the people' requirement contained in ss 7 and 24 of the Australian Constitution. Finally, it evaluates the majority's decision not to apply a structured proportionality test in light of recent developments in the context of the implied freedom of political communication. [ABSTRACT FROM AUTHOR]