Democratic Principles

The ways in which Australia and on other country can both uphold and/or undermine democratic principles

define political representation

the mechanism by which democracy is implemented, making government accountable to the governed and executing the people’s executive will

how does Australia uphold political representation

The House of Representatives’ preferential voting system’s preference flows allows for a more accurate reflection of voter choice.
In the 2025 federal election, Labour received about 34.56% of first preference votes, but ultimately secured 94/150 seats.
-Preference flows allows voters who initially supported minor parties to still influence which major party candidate is elected

How does Australia reduce political representation

Equal representation of States in the Senate leads to malapportionment.
NSW and VIC combined contain 57% of Aus electors however only 31.6% of the Senate seat.

Therefore, a Tasmanian senator represents far fewer electors than a NSW senator.
=Electors in smaller states consequently have greater voting power, undermining the equality of political representation.

How does the US’s Electoral college uphold political representation

The Electoral College is the official system used in the US to elect the president. Instead of voting directly for the candidates, citizens vote for a slate of electors who formally cast the votes
→each state gets 2 Senate-based votes
=ensures all States are represented and arent ignored by presidential candidates

How is political representation undermined through the US electoral college

• The Electoral College uses a winner-takes-all system in most states, where the statewide popular-vote winner receives all electoral votes.

• 2016: Trump won the Electoral College despite losing the popular vote to Hillary Clinton, due to narrow victories in key states.

• →a candidate can become president without receiving the majority of the national vote.
  =outcome doesnt reflect voters voting preferences

Define popular participation

based on the belief that those who are affected by a decision have a right to be involved in the decision making process. Participation can either be direct or indirect through institutions or representatives.

How does Australia uphold popular participation

Compulsory voting ensures a high level of voter turnout during federal elections.
In the 2025 federal election the voter turnout was 90.7% of the Aus population.
=compulsory voting encourages voters to participate in the election of political representatives

direct participation

Civil engagement

Australian citizens can participate politically through petitions, lobbying Mps and parliamentary submissions.
e.g the Minerals Council of Australia lobbies MPS to advocate for the mining interests of the mining industry
=these mechanisms allow citizens and groups to influence govt policy between elections

How does Australia reduce popular participation

The leadership of the Liberal and Labour Parties control candidate selection leaving almost no role for normal citizens in choosing who will run for office

How does the US reduce popular participation (indirect)

Voluntary voting leads to a low voter turnout during federal elections.
In the 2024 presidential election, the voter turnout rate was 65.3% of the population.
discourages voters from electing representatives who make Parliamentary and govt decision

US direct participation

US citizens can politically participate through lobbying the Congress, protests or political campaigns.
In 2020, Black Lives Matter protests, including demonstrations and walkouts, raised awareness of racial inequality in the US
=By protesting, citizens can influence political debate and government policy between elections

how does the US reduce popular participation

Because of its electoral system, the US only has two parties that can be elected. American electors who support minor parties simply waste their votes.
=A high vote wastage prevents people from participating through elections

The rule of law

The principle that all people are equally bound and subject to the law. both countries are robust democracies with constitutional limit to power and a SOP with checks and balances.

how does Australia uphold the rule of law

- Courts can review government actions and declare them unlawful.

In NZYQ v Minister for Immigration, citizenship and Multicultural affairs (2023), the HC ruled that immigration detention under the Migration Act (1958) (Cth) is unawful when there was no real prospect of removal in the foreseeable future.
=judicial review ensures the executive acts within its legal limits

How does Australia undermine rule of law

Because the executive is drawn from parliament, the executive can dominate the legislative process.
e.g the Albanese Government was able to propose and rapidly pass the Migration Amendment Bill 2023 by making closure motions to limit debate time, allowing the bill to pass with less scrutiny.
=executive dominance in parl can weaken parliamentary checks on government power.

how does the US uphold rule of law

The US’ constitutional limits ensure a strong separation of powers with checks and balances.
In 2019, the Congress impeached President Trump for pressuring Ukraine to investigate his political rival, Joe Biden by withholding military aid.
=demonstrates how the legislative branch can hold the exec accountable for alleged abuse of presidential power

how does the US undermine the rule of law

The politicisation of checks on executive power can limit rule of law.
Trump’s 2019 impeachment demonstrates this, as the Republican-controlled Senate acquitted him in 2020 despite the strong evidence supporting the charges
=demonstrates how political loyalty can weaken executive accountability and undermine the rule of law

Judicial independence

a principle that is a component of the rule of law where the judiciary is always kept separate from the other branches of govt . It ensures that judges are secure in their role and free pressure by the executive or legislative. Both countries’ constitutions establish judicial independence

how Australia uphold judicial independence

Ch 3 establishes judicial independence. Federal judges are formally appointed by the GG in Council and can only be removed by the GG following an address from both Houses of Parliament on the ground of proved misbehaviour or incapacity
=Because judges cannot be easily removed for unpopular rulings, they can make independent decisions

How does Australia undemrine judicial independence

Because the government has significant influence over who becomes a HC judge, appointment can be based of political view for loyalty.
=judges decisions can be perceived as favouring the government that appointed them

how does the US uphold judicial independence

Article 3 establishes judicial independence. Federal judges have life tenure unless they resign or are removed via impeachment.
=This frees them from re-election pressures or fear of losing their jobs over unpopular rulings, allowing them to make impartial decisions

how does the US undermine judicial independence

Federal judges are nominated by the President and confirmed by the Senate.The President may nominate judges based on their political views. While the Senate’s confirmation process can also be politically influenced.
=creates the perception that judges may favour the political interests of the party that appointed them

Natural justice

a principle of justice incorporating the right to a fair hearing and the rule against bias. It ensures fair processes for determining the truth in dispute. (also known as due process) While the Australian and US adversarial system uphold natural justice including a impartial judges, the hearing of both parties, evidence based decisions and open trials they are expensive.

how does Australia undermine natural justice

The adversarial system’s effectiveness heavily depends on legal expertise. As legal representation can be expensive, those with limited financial means may be unable to access adequate legal representation.
In Austic v The State of Western Australia [2022], after spending 12 years in prison for murder, scott austic was only found innocent after being backed by Dr Clint Hampson’s expert legal team.
= lack of legal expertise prevent people from effectively presenting their case

how does Australia uphold natural justice

Australia uses Alternative Dispute Resolution to increase access to justice.

The Australian Human Rights Commission Act 1986, requires the Human Rights Commission to use conciliation to resolve discrimination and human-rights complaints.
= providing more accessible means for dispute resolution increases access to a fair hearing

How does the US undermine natural justice

Similar to Australia, the US’ adversarial system is heavily reliant on legal expertise.
In A.A.R.P.V v Trump (2025), Venezuelan detainees facing deportation under the Aliens Enemies Act had limited access to legal assistance to challenge their removal.
without adequate access to legal counsel, cannot effectively present their case, undermining their right to a fair hearing

How does the US uphold natural justice

The US Constitutional Bill of Rights protect natural justice.
The Fifth Amendment guarantees due process of law, preventing the federal government from depriving a person of life or liberty without due process
→courts must uphold these protections by ensuring decisions are based of evidence, both sides are heard, proceedings are conducted before an impartial adjudicator and are open to the public
=this protects procedural fairness and right to a fair hearing, upholding natural justice.