As the High Court of Australia hears challenges to the postal plebiscite, Dr Ron Levy debunks some of the myths around the marriage equality debate.
Dr Ron Levy
Senior Lecturer
BSc (McGill); JD (Toronto); LLM (Columbia); PhD (Osgoode); admitted to Bar of Ontario
ANU College of Law, Bld 6, Fellows Rd, Acton ACT 2601
ANU College of Law, 5 Fellows Rd, Acton ACT 2601
Research Theme
Research Centre
Biography
Dr Ron Levy researches and writes on public law and political theory, especially constitutional law, the law of politics, and deliberative democracy. He is the winner of several research awards including grants from the Canadian Social Sciences and Humanities Research Council and the Australian Research Council. Ron was recently a chief investigator on two ARC Discovery Projects: 'The Law of Deliberative Democracy: Theory and Reform' (DP130100706, 2013-2015) bridging research on election law with deliberative democratic theory; and 'Confronting the Devolution Paradox' (DP140102682, 2014-2016) on federalism and political culture.
Ron co-wrote The Law of Deliberative Democracy (Routledge, 2016, with Graeme Orr) and was guest co-editor-in-chief of the Election Law Journal for its 2013 symposium issue on the same topic. He is also the lead editor of The Cambridge Handbook of Deliberative Constitutionalism (under contract, CUP; with Hoi Kong, Graeme Orr and Jeff King). Ron's other projects include studies of constitutional reform, including prospects for reform via deliberative democracy in conflict societies. He has published works on law and political theory, in four countries, in books and journals including Public Law, McGill Law Journal, UBC Law Review, UNSW Law Journal, Melbourne University Law Review, Griffith Law Review, Public Law Review, Election Law Journal and The Oxford Handbook of Deliberative Democracy.
Ron co-directs the Project on Deliberative Governance and Law, hosted jointly at ANU and McGill University. The project is an international network of scholars advancing research on institutional innovations based on studies of law, governance and deliberative democracy; and a platform for innovative ideas to influence domestic and international approaches to governance.
Ron has been a Visitor at Yale Law School, Cambridge University, Stanford University, McGill University and King's College London. He previously worked in the Ministry of the Attorney-General of Ontario, Constitutional Law Branch.
Current appointments: Co-director, ANU-McGill Project on Deliberative Governance & Law; Academic Editor, Federal Law Review.
Current teaching: 'Commonwealth Constitutional Law' and 'Contemporary Issues in Constitutional Law'
Significant research publications
Books & Edited Collections
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Ron Levy and Graeme Orr, The Law of Deliberative Democracy (Routledge, 2016)
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Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, April 2018)
-
Ron Levy, Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton, New Directions for Law in Australia: Essays in Contemporary Law Reform (ANU Press)
-
Mark Bruerton, Tracey Arklay, Robyn Hollander and Ron Levy (eds), A People's Federation (Federation Press)
-
Ron Levy and Graeme Orr (eds), Symposium: The Law of Deliberative Democracy (2013) Election Law Journal 12:4
Other Publications
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'"Shotgun Referendums": Popular Deliberation and Conflict Settlement in Conflict Societies' (2018) 41(3) Melbourne University Law Review (forthcoming)
-
'Deliberative Constitutionalism', in André Bächtiger, John Dryzek, Jane Mansbridge and Mark Warren (eds), The Oxford Handbook of Deliberative Democracy (Oxford University Press, forthcoming) (with H. Kong)
-
'The Deliberative Case for Constitutional Referenda', (2017) 16(2) Election Law Journal 213
-
'Deliberation at the Founding: Deliberative Democracy as an Original Constitutional Value', (2017) 28(1) Public Law Review 41 (with N Silva and B Saunders)
-
'Introduction: Fusion and Creation', in Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, under contract) (with H Kong)
-
'The "Elite Problem" in Deliberative Constitutionalism', in Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, under contract)
-
'Democratic Innovation in Constitutional Reform', in Stephen Elstub and Oliver Escobar (eds), Handbook of Democratic Innovation and Governance (Edward Elgar, forthcoming)
-
'Introduction', in Ron Levy, Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton, New Directions in Law For Australia: Essays in Contemporary Law Reform (ANU Press) (with Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton)
-
'A People’s Federation? Populism, Deliberation and Federal Reform', in Mark Bruerton, Tracey Arklay, Robyn Hollander and Ron Levy (eds), A People's Federation (Federation Press, 2017)
-
'Regulating Opinion Polling: A Deliberative Democratic Perspective', (2016) 39(1) UNSW Law Journal 318-340 (with G. Orr)
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'Constitutional Codification and Deliberative Voting', in Robert Blackburn (ed.), Case Studies on Constitution Building, UK Parliament, 2014
-
'La démocratie délibérative et de la loi électorale: le conflit et la congruence', (2014) 8(2) Journal of Parliamentary and Political Law (Amanda Mihoub Wright, James O McCarthy and Charlotte-Anne Malischewski transl; based on 'The Law of Deliberative Democracy: Seeding the Field')
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'Deliberative Voting: Realising Constitutional Referendum Democracy', (2013) Public Law 555-574
-
'The Law of Deliberative Democracy: Seeding the Field', (2013) 12(4) Election Law Journal 355-371
-
'Dibujando fronteras: igualdad de la ley electoral y sus consecuencias democráticas', in Carlos Báez Silva (ed.) (Antonio Márquez Aguilar transl.; based on 'Drawing Boundaries: Election Law Fairness and its Democratic Consequences'), Sistemas electorales y principios constitucionales, viii Congreso Mundial de la Asociación Internacional de Derecho Constitucional, 2012
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'Deliberative Constitutional Change in a Polarised Federation', in P. Kildea, A. Lynch and G. Williams (eds.), Tomorrow’s Federation, Federation Press, 2011
-
'Drawing Boundaries: Election Law Fairness and its Democratic Consequences', in J-C. Tham, B. Costar and G. Orr (eds.), Electoral Democracy: Australian Prospects, Melbourne University Press, 2011
-
'A Tale of Two Questions? An Argument for Coordinated Constitutional Reform', (2011) 7(25) Indigenous Law Bulletin 31-36 (with A.J.Brown)
-
'Breaking the Constitutional Deadlock: Lessons from Deliberative Experiments in Constitutional Change', (2010) 34(3) Melbourne University Law Review 805-838
-
'Electoral Malapportionment: Partisanship, Rhetoric and Reform in the Shadow of the Agrarian Strongman', (2009) 18(3) Griffith Law Review 638-655 (with G. Orr)
-
'Regulating Impartiality: Electoral Boundary Politics in the Administrative Arena', (2008) 53 McGill Law Journal 1-57
-
'Judicial Selection: Trust and Reform', (2007) 40(1) University of British Columbia Law Review 195-249
-
'Judicial Selection Reform in Comparative Context', (2007) 40(2) University of British Columbia Law Review 591-628
-
'Expressive Harms and the Strands of Charter Equality: Drawing Out Parallel Coherent Approaches of Discrimination' (2002-2003) 40 Alberta Law Review 393
Recent news
24
Nov
2016
Dr Ron Levy from the ANU College of Law has co-authored a book with University of Queensland’s Graeme Orr on The Law of Deliberative Democracy. Justice Peter Applegarth of the Supreme Court of Queensland recently launched the book.
05
Apr
2016
Australian politicians should put socially contentious issues to the public vote to help break political impasses, according to a key speaker at the upcoming ANU National Law Reform Conference.
In the Media
8
Nov
2016
Ron Levy cited in UQ News
2
Oct
2010
Ron Levy writes in The Australian
2
Oct
2010
Into the too-hard basket: A simple yes or no campaign won’t suffice for constitutional changes
Ron Levy speaks to The Weekend Australian
Past events
15
Nov
2016
5.30PM to 7.00PM Book launch
- Dr Ron Levy
- Professor Graeme Orr
Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy.
27
Oct
2016
1.30PM to 2.30PM College seminar
- Professor Luke McNamara, UNSW
This seminar will discuss the findings of a study that was originally motivated by the (re-)emergence, during the 2010s, of ‘alcohol-fuelled violence’ as a matter of policy concern and law reform attention.
Please note, only a small selection of recent publications and activities are listed below.
Research biography
Dr Ron Levy researches and writes on public law and political theory, especially constitutional law, the law of politics, and deliberative democracy. He is the winner of several research awards including grants from the Canadian Social Sciences and Humanities Research Council and the Australian Research Council. Ron was recently a chief investigator on two ARC Discovery Projects: 'The Law of Deliberative Democracy: Theory and Reform' (DP130100706, 2013-2015) bridging research on election law with deliberative democratic theory; and 'Confronting the Devolution Paradox' (DP140102682, 2014-2016) on federalism and political culture.
Ron co-wrote The Law of Deliberative Democracy (Routledge, 2016, with Graeme Orr) and was guest co-editor-in-chief of the Election Law Journal for its 2013 symposium issue on the same topic. He is also the lead editor of The Cambridge Handbook of Deliberative Constitutionalism (under contract, CUP; with Hoi Kong, Graeme Orr and Jeff King). Ron's other projects include studies of constitutional reform, including prospects for reform via deliberative democracy in conflict societies. He has published works on law and political theory, in four countries, in books and journals including Public Law, McGill Law Journal, UBC Law Review, UNSW Law Journal, Melbourne University Law Review, Griffith Law Review, Public Law Review, Election Law Journal and The Oxford Handbook of Deliberative Democracy.
Ron co-directs the Project on Deliberative Governance and Law, hosted jointly at ANU and McGill University. The project is an international network of scholars advancing research on institutional innovations based on studies of law, governance and deliberative democracy; and a platform for innovative ideas to influence domestic and international approaches to governance.
Ron has been a Visitor at Yale Law School, Cambridge University, Stanford University, McGill University and King's College London. He previously worked in the Ministry of the Attorney-General of Ontario, Constitutional Law Branch.
Current appointments: Co-director, ANU-McGill Project on Deliberative Governance & Law; Academic Editor, Federal Law Review.
Research projects & collaborations
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Deliberative constitutionalism
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The law of deliberative democracy
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Constitutional referendums in divided societies
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Federalism and deliberation
Grants
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ARC Discovery Project, 2013-2015: ‘The Law of Deliberative Democracy: Theory and Reform’ (with Graeme Orr) bridging research on law and deliberation
-
ARC Discovery Project, 2014-2016: Confronting the Devolution Paradox’ (with AJ Brown, Robyn Hollander, Paul Kildea, Rodney Smith) on federalism and political culture
Books & edited collections
-
Ron Levy and Graeme Orr, The Law of Deliberative Democracy (Routledge, 2016)
-
Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, April 2018)
-
Ron Levy, Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton, New Directions for Law in Australia: Essays in Contemporary Law Reform (ANU Press)
-
Mark Bruerton, Tracey Arklay, Robyn Hollander and Ron Levy (eds), A People's Federation (Federation Press)
-
Ron Levy and Graeme Orr (eds), 'Symposium: The Law of Deliberative Democracy' (2013) 12(4) Election Law Journal
Book chapters
-
'Deliberative Constitutionalism', in André Bächtiger, John Dryzek, Jane Mansbridge and Mark Warren (eds), The Oxford Handbook of Deliberative Democracy (Oxford University Press, forthcoming) (with H Kong)
-
'The "Elite Problem" in Deliberative Constitutionalism', in Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, April 2018)
-
'Introduction: Fusion and Creation', in Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, April 2018) (with H Kong)
-
'A People’s Federation? Populism, Deliberation and Federal Reform', in Mark Bruerton, Tracey Arklay, Robyn Hollander and Ron Levy (eds), A People's Federation (Federation Press)
-
'Democratic Innovation in Constitutional Reform', in Stephen Elstub and Oliver Escobar (eds), Handbook of Democratic Innovation and Governance (Edward Elgar, forthcoming)
- 'Introduction', in Ron Levy, Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton, New Directions in Law For Australia: Essays in Contemporary Law Reform (ANU Press) (with Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton)
-
'Constitutional Codification and Deliberative Voting', in Robert Blackburn (ed.), Case Studies on Constitution Building, UK Parliament, 2014
-
'Dibujando fronteras: igualdad de la ley electoral y sus consecuencias democráticas', in Carlos Báez Silva (ed.) (Antonio Márquez Aguilar transl.; based on Drawing Boundaries: Election Law Fairness and its Democratic Consequences), Sistemas electorales y principios constitucionales, viii Congreso Mundial de la Asociación Internacional de Derecho Constitucional, 2012
-
'Deliberative Constitutional Change in a Polarised Federation', in P. Kildea, A. Lynch and G. Williams (eds.), Tomorrow’s Federation, Federation Press, 2011
-
'Drawing Boundaries: Election Law Fairness and its Democratic Consequences', in J-C. Tham, B. Costar and G. Orr (eds.), Electoral Democracy: Australian Prospects, Melbourne University Press, 2011
Refereed journal articles
-
'"Shotgun Referendums": Popular Deliberation and Conflict Settlement in Conflict Societies' (2018) 41(3) Melbourne University Law Review (forthcoming)
-
'Deliberation at the Founding: Deliberative Democracy as an Original Constitutional Value', (2017) 28(1) Public Law Review 41 (with N. Silva and B. Saunders)
-
'The Deliberative Case for Constitutional Referenda', (2017) 16(2) Election Law Journal 213.
-
'Regulating Opinion Polling: A Deliberative Democratic Perspective', (2016) 39(1) UNSW Law Journal 318-340 (with G. Orr)
-
La démocratie délibérative et de la loi électorale: le conflit et la congruence, (2014) 8(2) Journal of Parliamentary and Political Law (Amanda Mihoub Wright, James O McCarthy and Charlotte-Anne Malischewski transl.; based on 'The Law of Deliberative Democracy: Seeding the Field')
-
'Deliberative Voting: Realising Constitutional Referendum Democracy', (2013) Public Law 555-574
-
'The Law of Deliberative Democracy: Seeding the Field, (2013) 12(4) Election Law Journal 355-371
-
'A Tale of Two Questions? An Argument for Coordinated Constitutional Reform', (2011) 7(25) Indigenous Law Bulletin 31-36 (with AJ Brown)
-
'Breaking the Constitutional Deadlock: Lessons from Deliberative Experiments in Constitutional Change', (2010) 34(3) Melbourne University Law Review 805-838
-
'Electoral Malapportionment: Partisanship, Rhetoric and Reform in the Shadow of the Agrarian Strongman', (2009) 18(3) Griffith Law Review, 638-655 (with G. Orr)
-
'Regulating Impartiality: Electoral Boundary Politics in the Administrative Arena' (2008) 53 McGill Law Journal 1-57
-
'Judicial Selection: Trust and Reform', (2007) 40(1) University of British Columbia Law Review 195-249
-
'Judicial Selection Reform in Comparative Context', (2007) 40(2) University of British Columbia Law Review 591-62
-
'Expressive Harms and the Strands of Charter Equality: Drawing Out Parallel Coherent Approaches of Discrimination', (2002-2003) 40 Alberta Law Review 393
Conference papers & presentations
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'Deliberative Referendums in Fractured Societies':
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McGill University Faculty of Law, Project on Deliberative Governance and Law Annual Workshop, 24 April 2017
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University of Ottawa Faculty of Law, seminar speaker, 4 May 2017
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University of Montreal, The Canadian Confederation: Past, Present and Future / La Confédération canadienne: Passé, présent et futur, 18 May 2017
-
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'ANU Guidelines on the Reserve Powers of the Governor-General', Public Law in the Classroom, UNSW Law School, 16 February, 2017
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Book launches for The Law of Deliberative Democracy:
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Supreme Court of Queensland, launch by Justice Peter Applegarth, 15 November 2016
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University of Melbourne Law School, hosted by Electoral Regulation Research Network, 10 November 2016
-
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'Shotgun Referendums', seminar speaker, Melbourne Law School, Legal Theory Workshop, 16 Sept 2016
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‘Deliberative Constitutionalism’, co-organiser and opening conference presenter, McGill University Faculty of Law, 9-10 April 2016
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‘Deliberative Constitutionalism’, co-organiser and opening conference presenter, University College London, Faculty of Laws, 7-8 Nov 2015; McGill University Faculty of Law, 9-10 April 2016
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'Constitutional Deliberations', Public Law Weekend, co-organiser and opening conference presenter, Australian National University, ANU College of Law, 1-2 October 2015
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‘Deliberative Democracy and Political Law: The Coercion Problem’, Public Law Conference, Cambridge University, 15 Sept 2014
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‘Deliberative Voting in European Referendums’, Conference on Referendums in Europe, Université Blaise Pascal, Clermont-Ferrand, France, paper presentation by video, 7 June 2013
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‘The Law of Deliberative Democracy’ co-organiser and opening conference presenter, New York University Straus Institute for Advanced Studies in Law and Justice (5-6 Apr 2013) and King’s College London, Centre for Political and Constitutional Studies (9 Apr 2013)
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‘Deliberative e-Democracy in Referendums’, presentation to University of Edinburgh, Schools of Law and Political Science, 2 May 2012
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‘Election Law Fairness and its Democratic Consequences’, attendee/paper submission, Congress of the International Association of Constitutional Law (triennial event), 6-11 Dec 2010, Mexico City, Mexico
Government submissions
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Citation in Report of Commonwealth Senate Standing Committee on Finance and Public Administration (June 2013)
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Commonwealth Senate Standing Committee on Finance and Public Administration, hearings on citizen-initiated referendum bill, invited oral testimony and written submission (with Graeme Orr) (2013)
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2010-15 research project on Mapping the Path Towards Codifying – or Not Codifying – the UK Constitution led by Professor Robert Blackburn, invited submission ‘Changing Constitutions through “Deliberative Voting”’ (2012)
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Amnesty International Queensland Parliamentary Scrutiny Project, advisor (2011)
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Queensland Attorney-General, advised public initiative on participatory and deliberative democracy (2010)
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Advised Chair, House of Representatives Standing Committee on Legal and Constitutional Affairs, on public participation in policymaking on climate change (2009)
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Federal Canadian Attorney-General’s dept, advised on policy, law and ethics of racial profiling (2006)
Committees
External Organisations
Internal ANU Committees
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Co-director, Project on Deliberative Governance and Law (within Centre for International and Public Law)
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Academic Editor, Federal Law Review
Case notes & book reviews
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Erudite Primer to the Constitutional Practice of Deliberative Democracy (review), (2015) 9(2) Brazilian Political Science Review 133.
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Review of Australia: The State of Democracy, (2010) Alternative Law Journal 35(4), 250-251.
Currently supervising
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Doctor of Philosophy (PhD)Topic: Diasporas involved: can diasporas be involved in constitutional deliberations in their home countries? Diaspora studies has emerged as a distinct academic field in recent years, focusing on the relationship between dispersed ethnic populations and their countries...
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Doctor of Philosophy (PhD)
PhD supervision
I am willing to supervise in the areas:
- Laws of politics and democracy
- Constitutional law, theory, history and reform
- Deliberative democracy
- Referendums
- Rights
SJD supervision
I am willing to supervise in the relevant areas.
MPhil supervision
I am willing to supervise in the relevant areas.
LLM Masters thesis supervision
I am willing to supervise in the relevant areas.
Honours thesis supervision
I am willing to supervise in the relevant areas.
Current courses
| Year | Course code | Course name |
|---|---|---|
| 2017 |
LAWS2202 Class #7327 |
Commonwealth Constitutional Law |
| 2017 |
LAWS6202 Class #8401 |
Commonwealth Constitutional Law |
Previous courses
| Year | Course code | Course name |
|---|---|---|
| 2016 |
LAWS4213 Class #4613 |
Contemporary Issues in Constitutional Law |
Past courses
- Commonwealth Constitutional Law
- Contemporary Issues in Constitutional Law (advanced elective)
- Torts
- Law of Politics
How my works connects with public policy
Dr Levy co-directs the Project on Deliberative Governance and Law (DGAL), within the Centre for International and Public Law. Based at the Australian National University and McGill University, DGAL is an international network of scholars. The project advances research on institutional innovation based on cutting-edge studies of law, governance and deliberative democracy, and provides a platform for innovative ideas to influence domestic and international approaches to governance.
26
Jul
2016
Regulating opinion polling: a deliberative democratic perspective (575.24 KB) Author(s): Ron Levy, Graeme Orr, University of Queensland.
The quantity and quality of political opinion polling are sources of concern for electoral democracies worldwide. A significant number of countries regulate polling by embargoing publication in the latter stages of the election period, or by mandating disclosure of key information about each poll. Such regulation, however, is rare in common law systems, where ‘free speech’ arguments tend to hold sway, sublimating concern for the deliberative health of political discourse. This article examines the issue, comparing regulation and case law internationally in light of the evolution, benefits and pathologies of opinion polling. A distinction can be made between polling on issues, which permit us all to reflect on the positions of fellow citizens on substantive issues, and the almost endless stream of polling on voting intentions, which offers little from a deliberative perspective. We recommend regulation to ensure disclosure, at the point of publication, of key information about each opinion poll (eg who conducted it, the wording of questions and margins of error), as well as a campaign-period embargo on publishing electoral opinion polling.
Centre: DGAL
Research theme: Human Rights Law and Policy, Regulatory Law and Policy
