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Yr 12 Politics and Law > Chapter 11 > Flashcards

Chapter 11 Flashcards

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1
Q

What is an MP

A

Member of Parliament

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2
Q

Criteria that electoral processes must meet

A
  • Elections must be free from intimidation or influence by those seeking office
  • Electoral systems must allow a fair expression of the will of the majority and protect the rights of minorities
  • Elections must be regular and reasonably frequent
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3
Q

Electoral Processes in the Senate

A
  • Multimember electorates
  • Single Transferrable Vote
  • Proportional electoral system (Equal representation)
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4
Q

Equal representation: Accountability (Senate)

A

s7 directs that each original state have 12 senators regardless of population size (2 for ACT and NT). Breaches one vote one value principle of representation. This creates malapportionment which impacts accountability. Additionally, it is impossible for a voter from WA to hold a senator from any other state accountable for their actions.

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5
Q

Members Interests Committees: Accountability

A

Ensures that no conflicts of interest take place and ensures bribery and corruption do not take place.

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6
Q

Parliamentary Privilege: How is Accountability

Upheld through it?

A
  • Freedom of speech essential for members to be held accountable for their portfolios
  • Right of Reply exists for citizens who wish to publish a response to comments made about them in Parliament.
    Issues
  • It can be used to make defamatory statements without basis
  • It can be used to avoid liability for revealing restricted information (Derryn Hinch)
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7
Q

Define Malapportionment

A

This is where the number of electors in an electoral division are not approximately equal it can be described as being the opposite of ‘one vote, one value.’ This occurs in the Senate.

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8
Q

Mechanisms which hold Parliament accountable

A
  • Elections
  • Privileges Committees
  • Processes and procedures
  • Judicial Review
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9
Q

What does MHR stand for?

A

Member of the House of Representatives

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10
Q

What is a Senator?

A

Member of the Senate

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11
Q

Ways Australia meets criteria for electoral processes

A
  • Independent statutory authority (AEC) coordinates the running of elections
  • Commonwealth Electoral Act specifies preferential voting for HOR and proportional voting for the Senate
  • Commonwealth Electoral Act mandates compulsory voting
  • s28 mandates maximum 3 yr terms for HOR
  • s7 mandates a fixed 6yr term for Senate
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12
Q

Electoral processes in House of Representatives

A
  • Single member electorates

- Majoritarian system

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13
Q

Multi-member Electorate

A

An electorate represented by more than one member.

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14
Q

Length of Senator Terms: Accountability (Senate)

A
  • s7 dictates 6yr terms for senators. This length of term reduces accountability as people tend to forget misdemeanours over time.
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15
Q

Define Marginal Seat Campaign

A

MHRs in marginal seats may be targeted by other groups, pressure groups, private interests or micro parties to hold a parliamentarian or party to account for their actions in the previous term.

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16
Q

Define Parliamentary Privileges Committee

A

A parliamentary committee formed in each house of parliament which holds MHRs and Senators to account for their conduct as parliamentarians and their use of parliamentary privilege. It is the traditional mechanism to hold parliamentarians accountable.

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17
Q

Define Members Interests Committees

A

A committee whose purpose is to maintain the transparency and openness about about the financial interests of the members of parliament. Combined with a parliamentary privilege committee in the House. Separate committee in the Senate

18
Q

Reasons why parliamentary sovereignty is limited in Westminster systems

A
  • Its powers are specified by a written constitution
  • Its powers are limited by the federal division of powers
  • The High Court may rule its statutes ultra vires
19
Q

Define Electoral System

A

A system which translates votes into the desired outcome of the people. Most often used to translate votes into seats in parliament. They may be based on single member electorates or multi-member electorates. They are classified as either majoritarian or proportional or a blended compromise of both.

20
Q

Parliament is accountable for what?

A
  • The statute laws it passes
  • How well it deals with issues in debate and deliberation
  • For forming and holding the government to account
  • For how it represents the people
21
Q

Single Member Electorate (HOR)

A

Voters choose one representative for their electoral division. Currently there are 150 electoral divisions and 150 MHRs.

22
Q

Single member electorate: accountability (HOR)

A

High standard of accountability because voters can easily identify their local MHR and know who to hold accountable; an MHR’s parliamentary record is readily available to the public; the media provides a constant stream of information about MHRs.

23
Q

Examples of accountability through elections: HOR

A

CRAIG THOMSON: Lost seat in 2013 election due to allegations of misused funds whilst head of Health Services Union.
SOPHIE MIRABELLA: Lost seat of Indi in 2013 election due to perceptions that she prioritising her role in shadow ministry over her constituents
CLIVE PALMER: Did not recontest seat in 2016 election due to allegations that he mismanaged his Nickel Company.

24
Q

Define Majoritarian Electoral System

A

A system which requires a candidate to receive an absolute majority to be elected. Type of electoral system that amplifies the number of seats the election winner receives relative to the number of votes they win. The percentage of the total seats won is greater than the percentage of total seats won by an election winner. Examples are First Past the Post and Preferential Voting.

25
Q

Multi-member electorate: Accountability (Senate)

A

Weak in terms of accountability as there is more than one member to be held accountable for a specific region. Difficult to know who to hold accountable if the state is poorly represented.

26
Q

Single Transferrable Vote: Accountability (Senate)

A

Complexity of single transferrable vote weakens accountability. Voting above the line does not allow voters to directly choose their preferences which makes it difficult to ensure a senator does not get elected. Below the line voting helps accountability.

27
Q

Sitting Member Last Campaign

A

Politically active groups may use advertising to encourage voters to preference sitting MHRs last on the ballot paper. By directing preferences away from them, this campaign can dramatically undermine an MHRs chance at reelection.

28
Q

Define Parliamentary Privilege

A

An enhanced form of freedom of speech enjoyed by all members of parliament when they are on the floor of their chamber and when their chamber is in session. It protects members from criminal or civil liability for the comments they make in parliament. Essential for the debate, representative, legislative and responsibility roles of parliament. Members may be held to account through the privileges committee.

29
Q

What does Parliamentary Privileges Act 1987 state?

A
  • Committee itself cannot impose penalties, it can only investigate and advise. It recommends to the House what action should be taken. House is not bound by this action.
  • House can impose up to 6 months imprisonment (Fitzpatrick and Browne in 1955)
  • $5000 fine for an individual (no-one has ever been fined)
30
Q

Parliamentary Privileges Committee: Accountability -uphold/ issues?

A

UPHOLD
- MPs able to speak without fear of carrying out their duties
- Committee has the power to deal with offences (imprisonment/fines)
- Committee sanctions members who abuse parliamentary Privilege (Craig Thompson)
ISSUES
- Party discipline means that issues are rarely referred to the committee
- Is rarely enforced when PP is breached (Bronwyn Bishop)

31
Q

Define standing orders

A

Standing Orders: The rules by which each house of parliament operates. The Constitution gives power to each house to make its own rules. Standing Orders are enforced by the presiding officer of each house — the Speaker of the House of Representatives and the President of the Senate. They may be suspended by a motion of the chamber. In the House of Representatives the executive dominates and may easily suspend Standing Orders.

32
Q

How do standing orders provide accountability

A
  • ensure that Parliament can function by guiding proceedings and defining processes, such as the way a Bill passes through the House or when a division must be called.
  • The Speaker and the President enforce the Standing Orders, make decisions when someone asks them to make a judgement about the rules and deliver a sanction when rules are broken.
  • outline due processes. without rules for the statutory process, legislation would not have been properly debated on or scrutinised to make good law.
33
Q

Issues with standing orders?

A
  • The House of Representatives appoints the Speaker by a vote, which the government of the day will always win, making it a prerogative of the Prime Minister.

-Standing Orders may be suspended or amended by a majority vote.
Governments are therefore able to manipulate the Standing Orders of the House of Representatives, which the government dominates.

-Australian Speakers are open to partisan influence and bias in how they do their job, including how they apply the Standing Orders and discipline members.

Eg.Bronwyn Bishop discharged approximately 400 MHRs during 2013-15 from the House, under Standing Order 94A, with only 3 of these members from the government side. Many argue that partisan bias was a feature of the Speakership of Bronwyn Bishop.

-Not a problem in the Senate because no party usually has a majority in its own right

34
Q

How is accountability upheld/ not upheld by HOR elections?

A

-single member electorates (150 divisions) make voters closer to candidates and they know who to hold accountable
Short 3 year terms
Marginal seat campaign
Sitting member last campaign

Issue-
Partisanship
Winners bonus

35
Q

How is accountability of parliament upheld/ not upheld by senate elections?

A

Accountability Upheld by-
people who vote to promote BOP situation in which the senate can hold the HOR to account,
15% dual voters

Issues-
not really held to account for federal role ( not all that representative of their states )
6 year terms
Multimember electorates- hard to know who to hold to account
Malapportionment (TAS vs WA)
complex PR voting system

36
Q

How is accountability of parliament upheld/ not upheld by processes and procedures ?

A

-Standing orders = rules and guidelines to ensure that parliamentary business is conducted in appropriate manner, limit power and actions of an individual, hold MPs accountable for personal behaviour in parliament. ( MPs can be removed for inappropriate behaviour under 94A Eg tony ab.)

-Speaker of the house= enforces Standing orders and theoretical non partisan
Hansard= MPs held accountable for broken promises and things said

  • Matters of public importance = procedure that allows members to speak in parliament about current issues, if they haven’t been raised in other debates in the chamber. Eg. 2012 May 22nd following Craig Thompson’s speech a debate on whether or not to censure him and how to deal with allegations made about statements made in the chamber ( limited effectiveness)
  • parliamentary committees = specialise in different areas of parliament work. scrutinise and debate legislation and issues and make sure

Issue-
Standing orders= HOR govt can amend or suspend standing orders with a majority vote (94A) can waste time

37
Q

How is accountability upheld/ not upheld by privileges committees?

A

Accountability Upheld by-
inquire into breaches with little evidence
MPs can speak without fear of liability
Committees can sanction members in breach
Eg. Craig Thompson in 2016

Issues-
issues rarely referred due to partisan politics
Is rarely referred when breached
Eg. Bronwyn Bishop used office for a fundraiser in 2014

38
Q

How is accountability upheld/ not upheld through Judicial review?

A

Accountability Upheld by-
seperate judicatory/ impartial
HC can adjudicate the constitutional validity of parliaments statutes Eg. Williams no. 2 ( financial management and accountability Act 1997 declared ultra vires)
The HC and other federal courts have the power to interpret commonwealth statutes using different maxims of interpretation

Issues-
courts expensive
need locus standi
Unchallenged legislation

39
Q

Extent of accountability of parliament?

A

Elections- significantly in HOR, limited in senate

Processes and procedures- moderate

Privileges committees- limited

Judicial review-significantly

40
Q

Define Members interests committees?

A

Both Houses of Parliament have committees which hold parliamentarns accountable for their assets, income and other interests so as to ensure that no conflicts of interests exist or arises they are a part of the accountability mechanism of parliament and parliamentarians

Yr 12 Politics and Law (13 decks)

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