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Liberalism and Democracy – Comprehensive Study Notes

Liberalism

  • Liberalism is a theory of government that centers around ideas of ‘freedom’. Individuals should be free to do what they choose, which involves classic rights such as freedom of speech, privacy, freedom of association, etc. Government interference with these individual freedoms should be limited.
  • John Stuart Mill is a key figure associated with liberalism (referenced as “Mill” in the slides).
  • Core idea: liberalism limits the role of the state by law; people should be free to act unless their actions harm others (harm principle). The state’s power is legitimate only to prevent harm to others.

The Social Contract (Rousseau)

  • In The Social Contract, Jean-Jacques Rousseau describes a pact between citizens in which we trade our ‘natural liberty’—the freedom to do anything we please—for ‘civil liberty’—a more limited sphere of freedom, but one in which we are protected from interference by others.
  • By making this pact, we transfer our inherent right to govern up to the government, which represents the collective will of the people. In return, the government agrees to protect us from harming each other (and from itself).

John Stuart Mill, On Liberty (1859)

  • Mill articulated the harm principle: we should be free to do what we like unless our actions cause harm to others.
  • This principle defines a sphere of individual sovereignty, akin to Rousseau’s civil liberty.
  • Criminal laws are based on the harm principle: they define a range of specific actions that we cannot do; beyond those, individuals are free to act as they please.

Liberalism in brief

  • Liberalism is a political philosophy that emphasizes individual freedom from government interference.
  • Liberal philosophers argued that the state should be limited by law and that people should be free to act unless their actions harm others.

Declaration on the Rights of Man and of the Citizen (1789)

  • Key document of the French Revolution; Articles include:
  • Article 1: Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
  • Article 4: Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.
  • Article 5: Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law.

The criminal justice system and liberalism

  • The criminal justice system allows state authorities to intervene in the lives of citizens to promote law and order (e.g., searching, arresting, detaining, imprisoning, surveilling).
  • The system must balance protecting freedom of individuals with providing safe and orderly communities.
  • It is always a tense and complex negotiation—examples include balancing freedom with public safety in policing, surveillance, and punishment.

Liberalism & Democracy

  • Rights, equality, freedom, and representation are central concepts in liberal democracy.
  • Democracy emphasizes voice, choice, and participation for citizens in governance.

Democracy: origins and core concepts

  • Democracy dates back to Ancient Greece, where people debated how to live as a society.
  • By the late 1700s, democracy was revolutionary (e.g., in France).
  • Most European monarchies claimed arbitrary power by divine right; people began to wonder if they could govern themselves and agree to a set of rules.
  • Abraham Lincoln’s famous definition (often cited): "Democracy is the government of the people, by the people, for the people." (izquotes source on slide)

Two core features of a democratic system

  • Elections: a system where the general public chooses a smaller number of people to represent its interests in parliament.
  • Parliament: a representative forum where politicians debate laws and other important issues on citizens’ behalf.

Representative Democracy

  • Australia’s democracy is not a direct democracy; we do not vote on every issue.
  • We elect representatives to parliament to decide on our behalf.
  • Important considerations:
    • The way we elect representatives (voting systems).
    • The candidates available and their policy platforms.
    • The consequences of majoritarianism.

Democracy as collective decision-making

  • Majority rules: can a large group be as oppressive as a dictator?
  • Can a majority constitute tyranny?
  • How do affected minorities still have a say?
  • Do liberalism and democracy co-exist, given their tensions?
  • What government/societal structures support democratic ideals (e.g., elections, healthcare, schooling, welfare), and are they effective?

What democracy is understood to be

  • A political system emphasizing equality and fairness under a government elected by the whole population.
  • Government is elected by a majority, and this collective will must be respected.
  • Government is expected to provide services and facilities for citizens.
  • Belief in the necessity for government to act in the nation’s best interests.
  • All citizens share the opportunities and challenges posed by society.

Australia as a Liberal-Democracy (reprise of core traditions)

  • Liberal tradition: derived from 17th-century England and France (e.g., John Locke, John Stuart Mill, Jean-Jacques Rousseau).
  • Democratic tradition: origins in the Ancient world, especially Athens (5th century BC).

Liberal Democracy (Parkin definition)

  • A political system in which democratically based institutions of government are constrained by liberal-inspired constitutional arrangements, political practices, and popular expectations that limit the scope and capacity of the governmental sector.
  • Source: Parkin (2006).

The growing assault on our democratic rights

  • Observations that many Australian laws infringe basic democratic standards, often with little public concern.
  • Tony Abbott’s warning that the balance between freedom and security may have to shift; government agencies can access metadata of every person; journalists could be jailed for reporting on matters of public interest; Australians can be banished after citizenship revocation.
  • Andrew Nikolic (Liberal MP) suggesting that protecting civil liberties in the context of national security has become redundant.
  • Context: debate over freedom vs security and the perceived retreat of civil liberties under national security pressures.

Academic and legal analysis on democracy in Australia

  • QUT Law Review, Volume 16, Issue 2, 2019 (George Williams): “The Legal Assault on Australian Democracy.”
  • Key points:
    • The article surveys federal, state, and territory laws to determine the extent to which democracy values are protected or eroded.
    • Identifies 350 instances of laws that arguably encroach on rights and freedoms essential to a healthy democracy.
    • Most of these laws have entered the statute books since 2001, with the terrorist attacks of 2001 marking a watershed moment.
    • Since then, parliamentarians have been less restrained in passing laws that undermine democratic rights.

Tensions between Liberalism and Democracy

  • Tension example: protecting the rights of many may require limiting the liberty of the individual.
  • Video reference (for further discussion): https://www.youtube.com/watch?v=erKh1UYOCSw&list=PLO92v1eEFERsLd9kjBcj-oQRYBKfyj1uy&index=4

Practical and ethical implications

  • Balancing individual freedoms with public order/safety is an enduring challenge in liberal democracies.
  • The expansion of state powers (surveillance, detention, control of information) may conflict with civil liberties.
  • Democratic legitimacy depends on transparency, accountability, and continual evaluation of whether laws serve the general good without eroding fundamental rights.

Connections to foundational principles

  • Liberalism provides the normative justification for limiting state power and protecting individual rights.
  • Democracy provides the mechanism (through elections, representation) for collective self-rule.
  • The two traditions are deeply interconnected in a liberal-democratic constitutional framework: rule of law, separation of powers, and protection of civil liberties underpin both the exercise of democratic governance and the protection of individuals from government overreach.

Key figures and texts to remember

  • Jean-Jacques Rousseau – The Social Contract (trade of natural liberty for civil liberty; government represents the general will).
  • John Stuart Mill – On Liberty (the harm principle; individual sovereignty; limits on state interference).
  • Declaration on the Rights of Man and of the Citizen (1789) – Articles 1, 4, 5 as foundational rights documents.
  • Parkin (2006) – definition of liberal democracy used in the course.
  • George Williams – critique of democratic erosion in Australia; 350 encroachments identified in the QUT Law Review study.

Quick references and figures

  • Years and numbers to note:
    • Declaration of the Rights of Man and the Citizen: 1789
    • Mill’s On Liberty publication: 1859
    • Racial Discrimination Act: 1975 (s. 18C referenced in debates)
    • Australian Security Intelligence Organisation Act: 1979
    • Post-2001 era as watershed for new laws: 2001 onward
    • Example count of concerning laws: 350 instances

Summary takeaways

  • Liberalism prioritizes individual freedoms and limits on state power, grounded in philosophical theories from Rousseau and Mill.
  • Democracy focuses on governance by the people, through representative institutions, with core questions about majority rule and minority protections.
  • A liberal-democratic framework seeks to balance freedom and security, rights and duties, and individual liberty with the common good.
  • In Australia, this balance is continually tested by legal developments, national security concerns, and legislative changes that may encroach on democratic rights; ongoing scrutiny and constitutional checks are essential to maintain legitimacy and public trust.