Politics and Law Unit 2

Representative Democracy

A system of government in which the people are sovereign, but are represented in government by elected members of an assembly acting as representatives.

Delegate vs. Trustee Models of Representation

Delegate: form of representation in which the representative reflects their electors concerns and values in Parliament.
Trustee: form of representation in which the representative acts in their electors best interested in parliament.
Key difference: a trustee has more autonomy than a delegate.

Electoral Systems

A system that translates votes into the desired leadership outcome of the people. Most often used to translate votes into seats in Parliament.
E.g. first past the post, preferential voting

Essential Characteristics of Fair Elections

Provides political choice, values votes equally and is fair to political parties, creates stable government and facilitates accountability.

Direct Democracy

A system of government in which citizens govern themselves by personal participation in law making.

Issue with Direct Democracy

Direct democracies are impractical in modern societies due to the size of modern societies - having every citizen directly participate in government would result in a government that is far too large to function.

Franchise

Described generally as the right to vote.

Natural Justice

The principle that underpins all administrative decision making. It's four principles are hearing both sides/parties, impartial adjudication, evidence-based decisions and open trials/transparency for public confidence.

Four Principles of Natural Justice

Impartial adjudication, hearing both sides, evidence based decisions and open trials for public confidence in the legal system.

Plebiscite

The parliament may seek direct political participation by citizens when an issue comes before it and for which the parliament desires popular confirmation or rejection of the proposed solution.

Referendum

A direct vote by the people on a particular question. In Australia, referendums are the only way to make formal changes to the constitution.

Requirement for Change to the Constitution

A referendum must be agreed upon by a majority of all Australian voters and a majority of voters in a majority of states.

The Role of Elections

To:
- Provide legitimacy for the government;
- Provide a mandate to the government;
- Allow for a peaceful transition of power;
- Make the government accountable to the people;
- Ensure that the government is representative of the governed;
- Morally compel citizens to obey the government;
- and encourage participation.

Pressure Groups

Associations formed by people who act in the broader public sphere with the intent of influencing law making. They represent issues or causes and use advocacy techniques to influence Parliament rather than seeking to gain seats.

Political Parties

Political parties are associations formed by people that aim to win seats in Parliament and influence law making from within the legislature. They represent a particular worldview/ideology and seek to either have a say in the legislative process (smaller parties) or form government (major parties).

How Pressure Groups and Political Parties use Political Communication

Pressure groups use communication to put pressure on parliament, whilst political parties use communication to convince the public to support their worldview

Justice

Principle under which people are treated deservingly

Key Ideas of Justice

People deserve their rights to be respected, people deserve to have contracts, duties of care and obligations enforced, and people deserve impartial administration of the laws

Electoral Processes

The formal actions needed before and during an election such as drawing electoral boundaries, ensuring that all qualified voters can cast a vote and counting the results of the election.

Election

A process enabling citizens to choose representatives to sit in a representative legislature and act as their delegates or trustees in law making.

Electoral Requirements Outlined in Section 24

Section 24 is in regards to the House of Representatives:
Members of the HoR have maximum three year terms - all 151 electorates must be re-elected every three years.
MHRs represent people in electorates.
Each states has electorates in proportion to its population.

Electoral Requirements Outlines in Section 7

Section 7 is in regards to the Senate:
Senators have six-year terms, with half the Senate elected alongside the House of Representatives every three years.
Senators represent people in states.
All states have equal representations (12 per state), and the two territories have two senators each (76 senators in total).

Compulsory Voting

Refers to the compulsory enrolment of eligible voters.
A part of the Australian electoral process that requires all eligible Australian citizens to vote. They are required to attend a polling place on election day or before (pre-voting) or return ballot papers by postal voting. A fine is the penalty for not voting.

Mandate

The authority provided by voters to a successful political party to pursue its policies in parliament. The higher the number of people voting, the stronger the mandate for the political party will be.

Advantages of Compulsory Voting

- Increased voter turnout; increased participation
- Increased education and understanding; citizens are more knowledgeable of their political system (democracy)
- Enhancement of majority rule
- Increased legitimacy for parliaments and government; stronger mandates
- Reduced electoral impact of extreme political ideologies
- Greater focus on issues and policies

Disadvantages of Compulsory Voting

- Politically uninterested electors who often cast donkey votes may affect election outcomes
- Increased informal votes
- Libertarians see compelling people to vote is wrong, as voting is a right
- The creation of 'politically safe seats' which parties may ignore knowing they will win them
- A great focus on 'marginal seats' where elections are won and lost.

Example of a Mandate

The Liberal/National government received a mandate to govern at the 2019 Federal election b/c they won the majority of seats in the HoR. They have the legitimacy and authority to enact the policies put forward at election time.
Tony Abbott won 2013 election after campaigning to 'axe the tax'; hard for opponents to argue he did not have authority to pass the Carbon Tax repeal bills

Example of a Mandate for Minor Parties to Check Government Actions

Minor parties, such as the Greens, often claim that they have a mandate to act as a check on government actions (and block government bills in the Senate) if they hold the 'balance of power' in the Senate.

Balance of Power

A situation where the government does not have a majority in the Senate (Upper House of Parliament) and needs the support of minor parties to pass its bills.

How Compulsory Voting Strengthens the Government's Mandate

Decisions made by democratically elected governments are more legitimate when a higher proportion of the population participates. Compulsory voting increases voter turnout (or the participation rate), increasing legitimacy and therefore the government's mandate.

Which Voters are Represented Due to Compulsory Voting

Moderate mainstream voters are represented, as they would likely not vote if it were not compulsory, which would result in extremist votes being over-represented.

Donkey Vote

Randomly filled in ballot (e.g. numbered in order from 1 at the top down the ballot to the last candidate) which is inseparable from formal votes, so it is counted - these affect the outcomes of elections

Politically Safe Seats

Certain demographic groups who tend to vote in predictable ways may dominate some electorates, creating a politically safe seat.

Example of a Politically Safe Seat

Lower middle class and working class electors tend to vote ALP, farmers in rural areas tend to vote Nationals, upper middle class and upper class people tend to vote Liberal.

The Problem with Politically Safe Seats

Parties may not bother having a candidate for a seat they know they cannot win, reducing the political choice for electors living in safe seats.

Voter Turnout

The percentage/proportion of eligible voters who vote in an election. Australia has much higher voter turnout than many other countries, e.g. UK, US, mainly due to compulsory voting.

Secret Ballot

Voters must be free from intimidation. This is a key principle of a liberal democracy. Only the elector should know how they cast their vote. It is achieved by providing private voting booths for electors and by regarding any identifiable ballot paper as an informal vote. The secret ballot was pioneered and is used in Australia.

Election Law

The laws that govern the running of elections. In Australia, election law is codified in the Commonwealth Electoral Act 1918.

Electoral Regulator

The body/organisation that oversees electoral matters, including the planning and running of elections - this should be non-partisan. In Australia, the electoral regulator is the Australian Electoral Commission.

Quota

The percentage of vote required to win an elections = 1/(1 + Magnitude).

Electoral Redistribution

When the boundaries of an election are redrawn, usually due to changing population patterns.

Term Limit

The maximum number of (normally consecutive) terms that a person can be elected to an office for.

Electorate

A geographical area in which citizens vote to elect a representative and, subsequently, a parliamentarian who represents them in parliament.

Informal Votes

A ballot paper that has not been completed correctly. The vote has been cast in a way that does not follow the rules of the electoral system. Compulsory voting laws in Australia have been seen to increase the number of informal votes.

Procedure for Legal Challenges of Results

The court that hears legal challenges to the validity of an election. In Australia, the High Court acts as the Court of Disputed Returns.

Replacement of MPs Between Elections

The process for replacement of MPs who cannot stand due to: death or incapacity, resignation or disqualification. In the House of Representatives, it is by elections, as outlined in s33. In the Senate, it is through casual vacancies, as outlined in s15.

Absentee Vote

Voting on election day in an electorate outside of where you are registered.

Scrutineers

A person who supervises the conduct of elections.

Postal Vote

Voting ahead of the election day by sending in your ballot paper to the AEC by mail.

Electoral Roll

An electoral roll is a compilation that lists persons who are entitled to vote for particular elections in a particular jurisdiction.

Writ for General Election

A written document issued by the Governor-General after the PM has advised them to dissolve the House of Representatives. It gives the authority for an election to be held and for a successful candidate/s to be declared.

Parliament

The typical name given to the legislature in Westminster style political systems.

Candidate

A person running for office. A person only needs to be eligible to be enrolled to vote to be qualified to be a candidate.

House of Representatives

The lower house of the Commonwealth Parliament. Consists of 151 members, each representing one of the 151 electorates of Australia. Represents the people.

Senate Rotation

The election of half the Senate every three years in order to retain 'elders' who have experience of the last parliament.

Formal Vote

A ballot paper that has been completed correctly following the rules of the electoral system.

Court of Disputed Returns

The High Court of Australia has the function of acting as the Court of Disputed Returns that determines disputes about elections. Is the place where legal challenges about the results of elections can be heard.

Senate

The upper house of the Commonwealth parliament. Consists of 76 members; six from each state, two from each territory. Represents the states.

Marginal Seat

A seat where the result is always very close and can change hands between parties after each election. They tend to attract money and attention from major parties during election campaigns in an attempt to win over voters. Every vote counts in marginal seats as the result is always very close.

Majoritarian System

An electoral system based on individual voting districts that each elect one representative; these districts are referred to as 'single-member electorates'. Majoritarian systems amplify the number of seats the election winner receives relative to the number of votes they won.
Examples include first past the post and preferential voting.

Preferential Voting

A majoritarian electoral system in which electors number candidates from most to least preferred ; if no candidate wins and absolute majority, then preferences are distributed until an absolute majority is achieved. It is used in the Australian House of Representatives.

First Past the Post

A majoritarian electoral system based on single-member electorates in which electors select the one candidate of their choice. The winner is the candidate with the simple majority of votes. It was used in the House of Representatives and the Senate until 1919.

Vote Wastage

When an elector's vote does not contribute to electing a representative.

Absolute Majority

The required majority to win in a preferential voting system; a majority of 50% + 1 of all formal votes.

Majority Government

Where a government is formed by the party that controls more than 76 seats in the House of Representatives. Such parties are said to be able to 'govern in their own right.'

Minority Government

A government formed by a party which controls less than 76 seats in the House of Representatives and which must rely on the suppot of non-party Member of the House on motions of confidence and supply. The Gillard and Morrison Government are examples of minority governments.

Preference Deals

Arrangments between candidates over preferences with How to Vote Cards; preference deals work because many voters follow the preferences on How to Vote Cards. They allow smaller parties to have an opportunit to get their ideas represented in Parliament.

Preference Flows

When a vote gets redistributed from a party that has been eliminated to a party that is still in contention to achieve an absolute majority.

How 'How to Vote Cards' are Used to Influence Election Results

Voters are given 'How to Vote Card' on election day as they approach polling places. How to Vote Cards are made by parties; every party's How to Vote Card will have a 1 next to it's own party/candidate name.
Minor and micro parties have little chance of achieving an absolute majority in an electorate but they are able to influence who does win by where they put the number 2 on their How to Vote Card.

Advantages of Majoritarian Systems

Create a more direct relationship between the electors and their representative; as there is only one representative, electors know who to voice their concerns to and who to hold responsible for the quality of representation they receive.

Creates stable governments; majoritarian systems create two party systems which are more likely to create clear parliamentary majorities and thus stable governments.

Disadvantages of Majoritarian Systems

- Minority groups are under-represented.
- Vote wastage can occur from a large concentration of supporters in one electorate; any votes above the majority are not counted in electing a representative.
- More open to the manipulation of electoral boundaries; gerrymandering and malapportionment.
- Large government majorities can result in the HoR being a rubber stamp for executive policies.

Advantages of First Past the Post Voting Systems

- Electors can easily cast their vote because of its simplicity.
- No complicated calculations to determine the results.
- Effectively creates majority rule as it produces an exaggerated majority in parliament.
- Electors can easily know who to hold responsible for the quality of representation they receive.

Disadvantages of First Past the Post Voting Systems

- Minor parties rarely win seats.
- Vote splitting between two similar parties results in a third party being chosen by

First Past the Post Voting in Australia

FPP was used to elect the first Commonwealth parliament; it resulted in strong majorities in both houses. The Senate was unable to effectively act as a house of review.

Advantages of Preferential Voting

- Avoids 3-cornered contests (vote splitting issue with FPP).
- Encourages minor parties to run as voters don't feel they are wasting votes; discourages tactical voting.
- Encourages major parties to compromise on policies to attract preferences from minor parties.
- Reduces vote wastage as an absolute majority is required.
- Promotes accountability.

Disadvantages of Preferential Voting

- More demanding from voters; results in a higher number of informal votes from voters who misunderstood how to vote.
- There is still vote wastage.
- Overrepresentation of major parties.
- Parties with many supporters concentrated in fewer seats are disadvantaged against parties with and even distribution of supporters across many electorates.
- Does not reflect society's diversity; many parties are excluded and parties often seek conventional and safe, low-risk candidates, i.e. white, middle class, tertiary educated men.

Preferential Voting in Australia

Federal elections have used exhaustive preferential voting since 1918 and preferential voting is currently used in the HoR (not the Senate as it prevents the chamber from acting as a house of review).

Benefit of Free and Fair Elections

Allow people living in a representative democracy to determine political makeup/future policy direction of their nation's government and increase likelihood of a peaceful transition of power.

Aspects of a Free and Fair Electoral System

Universal suffrage.
No voter intimidation.
Equal voting power.
Open nominations for candidates.
Equal treatment of political parties.
Freedom to register as a voter or run for public office.
Freedom of speech for candidates and political parties.
Electors can receive objective information from a free press.
Freedom of assembly.
An impartial system of conducting elections and verifying election results.
Accessible polling places, private voting space, secure ballot boxes and transparent ballot counting.
Secret ballots.
Legal prohibitions against election fraud.
Recount and contestation procedures.

How Free and Fair Elections Uphold Democratic Principles

A majority of votes must result in a majority of seats; majority rule.
The rights of minorities must be respected; equality of political rights.
No distortion or manipulation in the conversion of votes into seats should occur; equality of political rights and participation.
Elections must be regular enough to make government responsive to the people's will; majority rule and popular participation.
Elections must be frequent enough to allow electors to have political choice and to hold representatives accountable through a ballot box.

Four Essential Fairness Criteria

Produce effective and stable government, reflecting the freely expressed will of the majority;
Provide accountability of representatives who have direct links to electors, ensuring the Parliament remains representative and responsible to electors;
Be fair to electors, candidates and political parties;
Represent society's diversity in gender, age, ethnicity, social values and so on.

Voting Methods

Paper ballots.
Ballots with pictures of candidates or party symbols so that illiterate electors may cast the correct vote.
Electronic systems.
Absentee ballots.
Postal votes.

Russia's Elections

Elections are fake; they only exist to give an illusion of legitimacy.
Putin's supporters control the media and most institutions.
The Kremlin eliminates any of Putin's serious competition.
The Kremlin tried to get people to vote multiple times.
The Kremlin have stuffed ballot boxes to get numbers up.
Puting has direct appointment of governors.
Putin's staff were ordered to vote for him and to send back a photo as evidence.
There are no secret ballots.

Venezuela's Elections

President Maduro banned main opposition parties from running in the 2018 election and popular opposition leaders were jailed.
The National Constituent Assembly is undemocratic - no impartial system of conducting elections and counting results.
There is vote buying.

Arguments For Fixed Elections in Australia

Governments can focus more on policy rather than when to call an election.
They provide certainty to businesses.
They reduce the frequency and cost of elections.
They remove the ability of the PM to call elections early for political reasons.

Arguments Against Fixed Elections in Australia

Stops to PM from going to people when they deem this necessary.
Less democratic and voters have to wait longer to voice their disapproval.
Lead to ineffective governments being in power for longer.
Lead to longer and more expensive campaigns.

Problem with Casting Votes in Australia

Many voters don't understand or were not properly informed on how to cast their vote. This is due to language barriers, lack of staff and an outdated system.
Leads to an increased number of informal or donkey votes.

Representative Democracy's Link to Electoral Procedures

Different electoral systems in the HoR and the Senate maximise participation.
All adults over 18 are franchised.

Rule of Law's Link to Electoral Procedures

No one is arbitrarily forced to vote a certain way.
The AEC and the Court of Disputed Returns uphold rule of law.

Constitutionalism's Link to Electoral Procedures

AEC runs the elections.
Use of scrutineers.

Political Participation's Link to Electoral Procedures

Compulsory voting maximises participation.
Proportional system.
Being allowed to stand as a candidate.
Lots of voting booths.
The date of the election must be published in advance.

Counterpoints to Australia's Elections Being Free and Fair

Compulsory voting is anti-democratic.
Compulsory voting increases the rate of informal and donkey votes.
Low English language skills in migrant and Indigenous Australians compromises ability to understand electoral process and make informed choices.

Election of the PM and the Cabinet

No direct elections for the PM and Cabinet; the formation of government is a Westminster convention.

Time Between Elections

No minimum time between elections, but The Commonwealth of Australia Constitution Act 1900 limits the term of Parliament to three years.

State Parliaments

State parliaments also have elections.
WA has fixed four year parliamentary terms with the WA government being formed in the legislative assembly following Westminster convention; the majority party leader becomes Premier.

The Constitutional Section Related to Calling and Election

Section 24 gives the GG the power to carry out the legal formality of issuing the writ for a general election, though the real power to call an election lies with the PM.

Double Dissolution Elections

The GG may dissolve the parliament using powers under Section 57 of the constitution if the two houses cannot agree on a bill. A bill which is twice rejected by, or fails to pass, the Senate may become a trigger for a double dissolution.
Section 57 are always exercised on the advice of the PM.

Equality of Political Rights' Link to the HoR

Equal representation of electorates make HoR the 'popular chamber' because everyone's vote has the same value; equality of political rights.

Eligibility to Run as a Candidate

Citizens only need to be eligible to be enrolled as a voter to be qualified to run as a candidate in an election.

Elections of the Senate

At Senate elections, 32/74 state senators are elected and all 4 territory senators are elected.