Chapter 10 Flashcards
What are two reasons why elections are important in terms of accountability
- Only way citizens can directly express their will in a way which affects parliament
- They are the means in which mandates are delegated, primary tool for the social contract
Explain the link between electoral processes and procedures and accountability
Set procedures ensure that elections fulfil their accountability function, such as being free of intimidation, allowing for free expression regular
How does the constitution underpin electoral accountability
s28 max. 3 year term for HoR
s7 fixed 6 year for Senate
Explain what Parliament is theoretically accountable for
Parliament is accountable for how well it performs it’s functions, thus it is accountable for the laws it passes, how well it deals with issues in debate and for forming government
who is being held accountable in the modern political landscape
parties, due to the highly partisan political landscape
Explain the link between accountability and single member electorates
Eg. Craig Thompson MHR 2007-2013
Investigated for misusing union credit card, which resulted in him losing his seat. In single member electorates, all responsibility rests squarely on one person, and as such they are held to account effectively, such as with Thompson
Explain how using a majoritarian system may misrepresent the true voting intentions of citizens who are seeking to hold MHRs to account
‘Winners bonus’, if 50% +1 of the votes are won by a nominee, then they win 100% of the votes, which means potentially almost half of the electorates opinions aren’t heard
Explain why the Senate has never been held to account for it’s federal role
Voters rarely consider Senators as being state representatives
Give two reasons why the use of multi-member electorates weakens accountability
- More members to hold accountable, and as such voters can’t know which Senators to hold to account
- Complexity of voting system weakens accountability, usually people vote above the line, which leads to party accountability. Below the line is complicated and informal votes can be cast, however this was improved with the 2016 Senate voting reforms
Explain how the six year term for Senators may impact accountability
Long terms mean that MP’s conduct is checked less frequently. Generally the longer the period of time, the less accountable. EG. Bill Hefferman 1996-2016 faced electorate just twice
Explain how constitutional malapportionment in the Senate compromises accountability
Voting power determined by geographic location.
Eg. Senator Brian Harradine represented 0.12% of Australia yet held the balance of power, an incredibly powerful position
Explain how the margin by which a seat is held can contribute to the level of accountability
Members in marginal seats are in a greater danger of losing their seat than safe seats, and therefore their electorate holds them to account more effectively.
How could a ‘sitting member last’ campaign increase accountability
A sitting member last campaign is where a pressure group negatively targets a member and can have devastating effects, holding them effectively to account. Eg. MHR Andrew Nikolic 2016 targetted by Get Up! lost his seat
What is parliamentary priviledge
An enhanced form of freedom of speech enjoyed by all members of parliament when they are on the floor of their chamber
Explain how and why parliament attempts to prevent abuse of priviledge
Parliament has its own mechanisms to hold members to account, such as passing censure motions and notions of regret Eg. Craig Thompson.
Outline how Priviledge committees operate within the Commonwealth parliament
Essentially act as courts within parliament, and can sanction and bring negative attention to a member. Comprised of members impacts its impartiality though.
Eg. Craig Thompson misused union cc and lied to parliament about it
Explain the purpose of ‘interest committees
Maintain transparency and guarantee openness about financial interests of MP’s, scrutinising declarations of shareholding, investments, property etc
What are standing orders
Rules of parliament, concerning the conduct and procedures and processes
Outline the role and importance of the Speaker and President in the operation of the Commonwealth Parliament
They are responsible for ensuring that the standing orders are put in place, and as such are incredibly important
Explain how the conduct of the Speaker and the President relates to issues of accountability
Because they are both presiding officers, they are responsible for enforcing Standing Orders. Their conduct is reflective of their bias (often pro government), such as Bronwyn Bishop, who ejected 400 members, only 3 were government
What is the Order of Business
Order of business is the daily agenda of the houses
Assess the relationship between the operation of Standing Orders and the Principle of accountability
Standing orders ensure that parliament can function, and outline due process, ensuring that good outcomes occur. Without standing orders, the legislative and the responsibility function would fail. HoR, gov. controls standing orders and can manipulate them Eg. Gags and guillotines
Explain how the publication of Hansard promotes accountability
The fact that everything members say is being recorded promotes accountability
Identify the two principles that allow Parliament to function efficiently and get through its work
Division of labour and specialisation allow for multi-tasking, and for parcelling said tasks to specific subsets of members
What are the different types of committees?
Joint, Hor Senate
Standing - created at beginning of parliament and end when it closes Eg. Legal and constitutional affairs
Select - created temporarily Eg. National Broadband Network
Notes on Scrutiny of Bills committee
Scrutinises legislation for its effect on rights, the rule of law and parliamentary propriety
Notes on Joint Committee on Human Rights
Scrutinises legislation for compliance with several international human rights agreements that Australia is part of
Outline the two areas that the High Court can use to hold the legislature to account
- Power to adjudicate the constitutional validity of statutes
- HC’s power to interpret statutes
‘Striking down statutes is the ultimate accountability mechanism for the Parliaments legislative function’
Explain under what circumstances the High Court can review the constitutionality of statute law
A statute must be challenged by a party in the High Court in order for it to be reviewed. Even if the Commonwealth acts outside of its heads of power, if a party does not challenge it.
Williams no2 notes
HC struck down amendments to the Financical Management and Accountability Act 1997
Court found that the statute acted outside of govs head of power
Communist Party Case 1951 notes
Menzies passed Communist Dissolution act 1950, which outlawed the communist party.
HC found this unconstitutional and striked it down
Discuss the relationship between statutory interpretation and accountability
If a court has to use the mischief/purpose rule, it will be a sign that parliament should update the law to keep it current, and to ensure just decisions are reached in the future.
Explain why there is a ‘synergy’ in terms of accountability between the Parliament and the Courts
If the courts interpret a statute in a way that is inconsistent to parliament’s intentions, it indicates an area of a law which parliament can amend to prevent further misunderstanding.
Examples of committees
Joint committee on Human Rights
Senate Scrutiny of Bills Committee
HoR Standing Committee of Privileges and Members’ Interests
