Constitution Amendment (House of Assembly Electoral Boundaries) Act 2018 (Repealed) (TAS)

The Tasmanian Supreme Court was called upon to review the constitutionality of the Constitution Amendment (House of Assembly Electoral Boundaries) Act 2018 (Repealed). The act sought to alter the electoral boundaries for the House of Assembly in Tasmania, a move which was contested by several individuals who argued that the amendments would violate principles of representative democracy and proportional representation. The Court was tasked with determining whether the changes to electoral boundaries were consistent with the Tasmanian Constitution, particularly in relation to the requirement for proportional representation and fair representation of all voters.

The legal issues central to the case revolved around whether the proposed changes to the electoral boundaries complied with the constitutional mandate for proportional representation and whether they unfairly disadvantaged certain electorates or voter groups. The Court had to assess whether the act's provisions adhered to the requirements of the Tasmanian Constitution, specifically sections that mandate proportional representation and fair representation of all voters. Furthermore, the Court considered whether the act's alterations to electoral boundaries were necessary and appropriate in light of the constitutional provisions.

In its judgment, the Court found that the Constitution Amendment (House of Assembly Electoral Boundaries) Act 2018 (Repealed) did not comply with the constitutional requirements for proportional representation. The Court determined that the proposed changes to electoral boundaries would have resulted in an unfair distribution of electoral power, thereby violating the constitutional mandate. Consequently, the Court declared the act invalid and unconstitutional. The Court's decision was based on the principle that any alteration to electoral boundaries must ensure that the representation of voters remains fair and proportionate, and that the act failed to meet these constitutional standards.