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Politics And Law > Chap 8 And 9 > Flashcards

Chap 8 And 9 Flashcards

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1
Q

Liberalism

A

Political philosophy emphasising the importance of freedom. In liberalism the people are the heart of political life and the rights and freedoms are the heart of justice.

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2
Q

Representation

A

John Stuart mill implemented this idea as direct democracy was too hard to achieve.

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3
Q

Electoral systems

A

Electoral systems are a method where citizens delegate/entrust representatives to make decisions on behalf of them

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4
Q

Characteristics of fair electoral systems

A

-provide political choice
-one vote one value
-create stable parliament
-facilitate accuntability of the electives

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5
Q

Fundamental political rights

A

-right to vote
-freedom to associate with others
-freedom to assemble in groups that have political purpose
-freedom to access unbiased political information
-freedom of political communication
-broad opportunity to vote (universal suffrage)

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6
Q

Pressure groups - ‘get up’

A

Groups formed with the aim to influence law making in parliament and the courts. AIM to pressure parliament by influencing public opinion

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7
Q

Political parties

A

Aim to influence law making by representing an ideology/worldview. Aim to get seats in HOR

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8
Q

Theory of justice

A

Justice in ancient Roman times was defined as ‘people should get what they deserve.
Based on the three main ideas of rights obligations and impartiality

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9
Q

Rights

A

Should be respectful, universal and fundamental

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10
Q

Obligations

A

People have duties which should be enforced. Obligations re to more than one party

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11
Q

Impartiality

A

People deserve impartial administration of law. Rules and law must be applied without bias and gov must make effective laws that do not favor one party

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12
Q

How does judiciary uphold justice

A

-protection of rights
-enforcement of obligations
-impartiality + fairness of judges

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13
Q

Natural justice - just the courts

A

-Impartial adjudication
-equal opportunities of both parties
-evidence based decisions
-an open court

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14
Q

Majoritarian electoral systems

A

Focused on single member electorates and are effective at achieving majority rule and strong representation

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15
Q

FPP

A

Most straightforward system, electors choose one option on ballot paper, simple majority wins

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16
Q

FPP advantages

A

-simple
-amplifies winners bonus creating strong majority in parliament
-electors know who to delegate and entrust their welfare

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17
Q

FPP disadvantages

A

-2 party only system
-minors/independents rarely get a seat (vote wastage)
-vote splitting

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18
Q

FPP in aus

A

1918 commonwealth electoral act
Was efficient/easy however gov dominated both houses
Opposition controlling senate meant no bills passed

19
Q

Preferential voting

A

-electors number candidates in preferred order. If no candidate wins absolute majority, preferences are then distributed

20
Q

PV advantages

A

-increases majority rule
-gets rid of vote splitting
-reduces vote wastage
-creates accountability

21
Q

PV disadvantages

A

-can result in a high number of informal votes from people who misunderstand
-over representation of major parties

22
Q

Section 24

A

Members of the HOR have maximum of 3 year terms

23
Q

Section 7

A

Senators have 6 year terms with half with half the senate elected every 3 years except for double dissolution

24
Q

Issue writs

A

Call an election - GG issues writs before an election (24)

25
Q

Proportional representation

A

Aim to reflect the proportion of the vote received as a proportion of seats in parliament.
Multi-member elections, better t creating diversity and a wider variety of parties

26
Q

Single transferable vote

A

Since 1949 aus used STVPR.
Key features:
-a quota rather than majority
-above/below line voting
-one quota per seat however multi quotas per electorate
-surplus votes get transferred
-preference values continue until last seat is filled

27
Q

A quota

A

A fixed share of votes (or a proportion of formal votes cast)

28
Q

Advantages STVPR

A

-fairer to candidates/political
-greater diversity as multi member system
-hung senate therefore house of review
-greater protection of rights and freedoms

29
Q

Disadvantages STVPR

A

-difficult/complex for voters
-higher number of informal votes
-above vs below creates complications for voters
-hun senate can delay parliamentary process
-direct accountability is weaker
-hard to know who’s representing u

30
Q

Reforms to STVPR

A

1) 1984 group ticket voting to reduce complexity
2) 2016 senate reforms reducing political party control Turnbull

31
Q

Delegate representation

A

Constituents present values, concerns and interests to their representative who will represent them in parliament

32
Q

Trustee representation

A

Entrust a representatives judgement to rep their best interest in parliament

33
Q

Mirror representatives

A

When legislative chambers composition reflects composition of society

34
Q

Partisan representation

A

Representatives are members of disciplined political parties - act according to dictates of party hat

35
Q

Calculating quotas -14.3

A

Number of formal ballot papers divided by number of seats to be elected plus 1

36
Q

Surplus votes

A

Total number of votes - quota

37
Q

Transfer value

A

Surplus votes / total votes

38
Q

The aec

A

Independent voting commission that maintains electoral rolls, runs consistent training courses for employees, counts votes and declares the winner

39
Q

Malapportionment

A

The creation of electoral districts with divergent ratios of voters to representatives

40
Q

Malapportionment in HOR vs senate

A

-very little in HOR due to reforms that require an electoral population to be within 10% of the population
-persistent issues in senate as all states have 12 senators (Tasmania over represented)

41
Q

Malapportionment senate examples

A

1989 PM Paul Keating called senate ‘unrepresentative swin’ after Tasmanian senator wont pass bills

42
Q

Gerrymandering in aus

A

-deliberate drawing of an electoral boundary to disadvantage a political party. Deliberately denies equality of political rights and undermines majority rule

43
Q

Section 60

A

Fixes gerrymandering as it gives the power to draw electoral boundaries to the AEC

Politics And Law (4 decks)

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