Mandates investigation

Introduction

• mandate theory- posits that a government, after winning the absolute majority of lower house seats, has the right and obligation to implement the policies from its campaign.

• political legitimacy- popular acceptance and recognition that a government, authority or regime has the rightful power to make decisions and govern

• mandate theory provides political legitimacy by enforcing a social contract between voters and elected members; by delegating soverignty through elections, voters authorise elected members to govern on their behalf

Intro: competition between mandates

• will of majority mandate experiences moderate competition with right to oppose mandate

• but experiences intense competition with the balance of power mandate

• statement is somewhat accurate; while mandate theory is a claim to power, the competition between the different mandates limits the practical scope of government’s lawmaking abilities

• additionally, government doesn’t have unilateral political legitimacy because of its majoritarian mandate; it must negotiate with senate crossbenchers and face scrutiny of opposition members, since they also represent the people

Paragraph 1 - Will of the majority

• argues that government has the authority to pass legislation since it holds absolute majority of lower house seats + represents electorate’s dominant preference

• specific mandates- Albanese’s 2022 PBS scheme capped price of essential medicines to target cost of living pressures. Claimed and delivered through Treasury Laws Amendment (Cheaper PBS Medicines) Bill 2023

• general mandates- Electoral Legislation Amendment (Electoral Reform) Bill 2024 aimed to improve transparency and accountability, reducing influence of political donations and election spending. Asserted it was consistent with broader commitment to electoral integrity and honest politics

Will of majority part 2

• mandate is structurally and practically supported

• notice papers, agenda, techniques, control legislative votes and motions

• able to exercise mandate effectively to implement laws

• can be undermined by disunity within party

• e.g. NEG 2017 was a key election promise but factional tensions in the Liberal Party room, intensified by teh aftermath of the 2015 removal of Tony Abbott, led to its rejection by conservatives

• abandoned flagship policy, caused downfall of Malcolm Turnbull

• Although it was politically legitimate and promised, party conflict weakend the mandate

• While the “will of the majority” mandate is a source of political legitimacy for government bills, and is supported by parliament’s procedures and structure, it can be undermined by divisions within the party, ultimately weakening the mandate.

Balance of power

• representation of minority intrests gives responsibility to scrutinise government and prevent tyranny of hte majority

• institutionally strong: s7 and s53, proportional representation system in multi member electorates prevents single party dominance

• 2016 voting reforms abolished GTV and preference dealing;

• Senate crossbench has experienced continued growth to a group of 12, 18, and 20 senators in the 46th, 47th and 48th parliaments respectively.

• increased claim to democratic mandate

• Closing the loopholes industrial relations bill 2023

• Although the Coalition argued that it had a mandate to reverse the legislation after its 2019 return to office, the bill could only pass the Senate with the support of crossbench Senator Jacqui Lambie through a secret deal

• statement somewhat accurate; mandate is politically important but not self sufficient- requires senate approval and inclusion of minority perspectives to be politically legitimate and passed as law

Right to oppose mandate

• justify challenging gov’t - constitutional conventions

• represent electors’ interests as the second largest party

• structurally dependent on number of seats secured by opposition

• fails to consistently and effectively compete with the will of the majority mandate

• 2010-2013 hung parliament close number s(76-72) strong opposition

• demonstrates limits of oppositon mandate; comes from composition of mandate, not any superior democratic claim

• role is mainly to scruticinse and expose weaknesses instead of blocking govenrment agenda since it rarely can override government policy

• current parliament (94-42) split

• Therefore, while mandate theory does grant the government strong authority to pass law on behalf of the majority, the statement is somewhat accurate because the government does not have uncontested political legitimacy and must face the scrutiny of the opposition.

conclusion

• mandate theory gives the government a strong claim to political legitimacy after an election, competing democratic mandates that limit how far the government can act alone.

• The senate has a strong balance of power mandate that’s supported by voting reforms and the diversity of the chamber, allowing it to exert significant scrutiny on goverment legislation and policy.

• legitimacy conditional on the inclusion of minority perspectives and accountability.

• Although the opposition’s mandate is conditional on its size, the mandate still functions as an important source of accountability limiting the practical scope of government’s lawmaking power.

• Overall, the statement is somewhat accurate; while the government has a strong claim to the mandate, it must compete with the other mandates in the political system to gain political legitimacy and pass bills.