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
3
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)
6
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…
23
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
24
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
26
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
31
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?
35
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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