parliament: australian representative democracy

The ParliamentSeat of democratic process

supporting sustainable governance

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Learning outcomes

Explain history of Westminster system

Functions of Parliament in Australian governance

Evaluate eligibility requirements: voting, standing

Evaluate electoral system: access to justice

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WESTMINSTER SYSTEM

History of Parliament

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What

powers did

early

monarchs

have?

4http://abcnews.go.com/Entertainment/queen-elizabeth-visits-game-thrones-set/story?id=24281650

Parliamentary

(r)evolution

Early advisory group

Magna Carta: seek counsel before legislating

Lords and commons: 14th

century

Glorious Revolution

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Parliament in Australia

Reception

Decree

1823: 1st NSW parliament (veto only)

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Still no responsible,

representative

govt…

Westminster (London)

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Westminster system

Head of state + head of govt divvy power

Responsible govt

Representative govt

Govt = majority

parli

Ministers drawn from gov party

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Westminster in Queensland

Nominal power: head of state

De facto power: head of govt(premier)

Majority in parliament forms govt

Cabinet from majority

Nominal power through Governor

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Westminster in the

Commonwealth

Nominal power: head of state

De facto power: head of govt (Prime Minister)

Majority in lower house forms govt

Cabinet from majority party

Nominal power: through Governor-General

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General process of

parliamentary law-making

Lower house

Upper house (house of review)

Ratification

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Westminster in a federation

Each State

Queen (Governor)

Legislative Council

Legislative Assembly

Commonwealth

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Queen (Governor-General)

Senate

House of Representatives

Queensland

House of

Representatives:

Vital statistics

How many members?

Whom do they represent?

What is the function of this chamber in Australian governance?

What electorate do you live in?

Who is your federal member?

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The Senate:

Vital statistics

How many members?

Whom do they represent?

What is the function of this chamber in Australian governance?

How many senators in Queensland?

When are they due for re-election?

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(Qld) Legislative

Assembly:

Vital statistics

How many members?

Whom does it represent?

What is its role in Australian governance?

Is this system sustainable in terms of governance?

What electorate do you live in?

Who is your local member?

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(Qld) Legislative

Council:

Vital statistics

What is the role of the Queensland Legislative Council?

How does it contrast with other Australian states, and the Commonwealth?

Is this system sustainable in terms of governance?

Why is the Governor sitting in the Legislative Council?

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Local government

Is local government a part of our constitutional framework?

Where does it derive its power?

What role does it play in our system of governance?

Is this system sustainable in terms of governance?

How might it be improved?

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Parliamentary functions

Represents the

electorate

Forum for debate

Makes legislation

Oversees executive

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ElectionsComposition

of Parliament

Law making Justice?

Representation, justice,

sustainability

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Who can vote?

One vote one value?

Who can be elected?

What is the electoral system?

Elections: sustainable path to

representative govt?

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RIGHT TO VOTE

Voting

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Suffrage

Right to vote

Opportunity to vote

Right to stand

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‘active

suffrage’

‘passive

suffrage’

Source of suffrage (Cth)

Commonwealth Constitution, ss 7, 24:

The Senate and the House of

Representatives shall be composed of

members directly chosen by the people

of the Commonwealth…

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Langer v Cth (1996) 70 ALJR 176

Electoral system required full

preferential voting

Criminal offence to advocate informal

vote

Langer: Constitution requires ‘directly chosen by the

people’

Court: full preferential voting didn’t breach

‘directly chosen’

‘MPs may be chosen by the people even though the people

dislike voting for them’

Constitution not source of civil right to

vote

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King v Jones (1972) 128 CLR 221

Applicants under 21Entitled to vote in SA

but too young for Cth

1. Claim to be ‘adult person’ per s41

Constitution

2. Claim that franchise for elector

of House Reps determined by state

(s30 Const)

S41 Const to operate when parli had made

a law determining Cth franchise

Otherwise, refers to adult persons, which are persons over 21

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Source of suffrage (Cth)

Langer

King

No constitutionally enshrined right

to vote

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Commonwealth Electoral

Act 1918 (Cth), s93

Eligible Ineligible

is 18 years of age or over, and is of unsound mind

is an Australian citizen, or is serving a prison sentence of

three years or longer; or

was a British subject on a

Commonwealth electoral roll as at

25 January 1984; and

has been convicted of treason or

treachery and has not been

pardoned.

has lived for at least one month at

their current address (or within the

division).

is a permanent resident but not an

Australian citizen

is on a temporary visa or unlawful

non-citizen

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Electoral Act 1992 (Qld), s64

(1) A person is entitled to be enrolled for an

electoral district if the person—

(a)either—

(i) is entitled to be enrolled under the

Commonwealth Electoral Act for the purposes of

that Act in its application in relation to an election

within the meaning of that Act; or

(ii) is not so entitled, but was entitled to be enrolled

under the Elections Act 1983 on 31 December 1991;

and

b) lives in the electoral district and has lived in

it for the last month. 28

VOTING PROCESSES

Voting

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Election ink

Can voter ID laws disenfranchise voters?

Case study: Queensland election 2015 – see Electoral Act 1992 (Qld)

30http://en.wikipedia.org/wiki/Election_ink

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Compulsory voting

http://www.doministuart.com/how-can-compulsory-voting-be-a-good-thing/

Democracy

Do ‘donkey votes’ enhance or hinder democracy?

How do they affect your understanding of compulsory voting?

32http://www.eurekastreet.com.au/article.aspx?aeid=35434#.VSshNxceYwE

One vote, one value:

representation?

33http://thecosmicgoose.deviantart.com/art/Gerrymander-333309433

One vote, one value?A-G (Cth) Ex rel McKinlay v Cth (1975) 135 CLR1

Electorate #1

10,000 voters

Electorate #3

40,000 voters

Electorate #2

20,000 voters

34Not constitutionally entrenched

ELIGIBILITY TO STAND

Representative Parliament?

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Parliament of Queensland

Act 2001 (Qld), s64

Eligible Disqualified

Adult Australian citizen living in Qld In jail

Enrolled to vote Within 2 years of nomination

convicted, sentenced to one year

imprisonment or more

Not disqualified Within 7 years of nomination,

convicted of bribery as an MP

Within 10 years, convicted of

electoral offence

Not pardoned for treason, sedition,

sabotage

Bankruptcy issues

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Parliamentary

Representation

What does it mean?

How far does it go?

Consider formal equality and substantive equality.

Does excluding people from eligibility to stand affect how representative parliament is?

37http://rampyourvoice.com/2013/08/15/why-representation-matters-in-

childrens-books-media/

ELECTORAL SYSTEM

Representative democracy

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Single Member

Constituency

House of Representatives (preferential voting)

Queensland Legislative Assembly (optional preferential voting)

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http://commons.wikimedia.org/wiki/File:Preferential_bloc_voting_ballot_3.png

Proportional

representation:

Senate, Tas -

preferential

40http://ttnewsflash.com/?p=42650

Single member constituency

legislature

Majority (>50%)

Minority (<50%)

Executive

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Proportional representation

Legislature

Party 1 Party 2 Party 3 Party 4 Party 5

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Qld Parliament (2015)

Party % vote seats % seats

LNP 41.32 42 47.2

Labor 37.47 44 49.5

KAP 1.93 2 2.2

Greens 8.43 0 0

other 10.85 1 1.1

Total 100 89 100

43http://blogs.abc.net.au/antonygreen/2015/02/final-queensland-election-results-preferences-and-a-new-pendulum.html

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Is parliament representative?

Where did parliament come from?

What is its role?

Who can vote?

What is the voting process?

Who can stand for election?

What are the Australian electoral systems?

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