Liberal Democratic Principles

Question 1

What is a liberal democracy?

Answer 1

A liberal democracy holds the view that the ideal political system should combine the majoritarian democracy (rule by the people) with the protection of the political, legal and social rights of individuals and minority groups. Australia is an example of a liberal democracy.

Question 2

What are the operating principles of a liberal democracy?

Answer 2

• equality of political rights
• majority rule
• political participation
• political freedom

Question 3

What are the main principles of good government in liberal demcoracies?

Answer 3

• limiting government: the ways in which good governments limit the power of governement, this includes concepts such as the separation of powers, sovereignty, consitutionalism, citizenship, rule of law
• checking government: good governemnts ensure that the government is made accountable to the people
• voice of the people principles: good governement represents the voice of the people principle by upholding representative government, maintaining democratic voting rights and creating a democratic society

Question 4

What concepts assist in limiting government?

Answer 4

• separation of powers-the legislative, executive and judicial arms of govt. No one arm of government should be able to direct any other in the course of its duties. Within Australia the separation of the legislative and executive is less clear than this however the judiciary ensures accountability
• sovereignty-the supreme right to govern is consented to by the people
• constitutions-limit govt. by providing a clear framework of powers and also the processes of govt.
• citizenship-people have citizenship and thus are extended basic rights whereas in non democratic govts. people are often referred to as subjects
• rule of law- ensures govt power is limited as action of each arm must be lawful. The standards applied to citizens also apply to govt.

Question 5

What operations assist in accountability being upheld in Australia?

Answer 5

Accountability is the key principle to ensure govt. is checked

• elected MP is accountable to parliament for decisions. Parliament is able to sack them and replace with a new representative
• documented and accessible records of parliamentary decisions and debate must be made public so open criticism can be addressed
• citizens must have democratic political rights (free speech, rights of association, free media) and legal rights (court system that treats all equally and all legal processes should not be prejudiced against any group in society)

Question 6

How is the voice of the people prinicple upheld?

Answer 6

• representative govt. get their authority from the people whom they represent
• universal suffrage and secret ballot
• uphold rule of law and protect the social, political and legal rights of individuals and minority groups as well as ruling via majoritarian prinicples

Question 7

What is the classification of the political and legal system in Australia?

Answer 7

Constitutional monarchy- Queen as Head of State acting on the advice of the Parliament Representative democracy- citizens elect representatives to make decisions on their behalf for a specified period of time ALSO Liberal Democracy

Question 8

How are the powers separated in China?

Answer 8

Executive- State Council is chief administrative function, chaired by Premier, includes President, Vice-President, heads of govt departments and agencies, maintains membership w top levels of CPC Legislative- National People’s Congress, unicameral, mainly forum for debating bills put forward by CPC (rarely refuses), majority members in CPC Judicial- court system, highest is Suprem People’s Court power subordinate to State and CPC goals

◕◕◕Constitutionally powers are meant to be separate however the “leadership of the CPC” is simultaneously emphasised

Question 9

How are the powers separated in Australia?

Answer 9

Executive- Cabinet (Federal and State), police, public service + agencies, task of administration- decisions provide the legal authority for govt policy to be carried out Legislative- Parliament, delegated legislation, courts, task of creating and modifying laws, statutes are sovereign law Judicial-the courts under High Court of Australia, task of resolving disputes, determining penalties, interpreting statutes

◕◕◕No one authority has control over all three functions, as very separate ensures powers of each is checked

Question 10

What is the executive function in China?

Answer 10

State Council- highest state organ of adminsitration, chair is Premier, includes President, Vice-President, heads of govt departments and agencies, approx. 35 members elected by NPC, maintains membership w top levels of CPC

Question 11

What is the legislative function in China?

Answer 11

NPC- little say in policy making, approves budget, amends Constitution, elects high-ranking officials, mainly rubber stamp for CPC decisions, nearly 3000 delegates, about 70% of members + almost all senior figures members of party, largely symbolic, 5 year terms, full congress meets once a year NPC Standing Committee- real influence, 150 members elected from congress, meets every 2 months

Question 12

What is the judicial function in China?

Answer 12

Court system headed by Supreme People’s Court, Judge-President appointed by NPC, other judges by Standing Committee, criminal, civil and state divisions, powers subordinate to state and party goals

Question 13

What are the main political parties in China?

Answer 13

China is effectively a one-party state because of the dominant national power held by the Communist Party of China

Question 14

What are the main political parties in Australia?

Answer 14

• Australian Labor Party
• Liberal Party of Australia
• Nationals
• Australian Greens
• Family First

Question 15

How easy is it to form a political party in Australia?

Answer 15

Relatively easy, before a political party can enter a candidate it must register with the Australian Electoral Commission. Has to meet certain regulations under the Electoral Acts i.e. have a written constitution and a min. of 500 members who are eligible to be on the electoral roll.

◕Despite the relative easiness of forming a political party in Aus, success is difficult to achieve as the system is dominated by ALP and LIB parties ◕parties advocate a wide range of ideas

Question 16

What are the origins of the Chinese Constitution?

Answer 16

written 1982 by Central Committee of CPC Includes preamble and 4 chapters

Question 17

Does the Chinese constitution appear democratic?

Answer 17

◕though there are several democratic principles included in the Const., in the preamble it emphasises the “leadership (and overarching power) of the CPC” which negates the democratic principles

• Ch 1⃣
  
  • Article 2➡️ “all power in the PRC belongs to the people”- rule of the will of the people
  • Article 3➡️”NPC and congresses are made through democratic elections. They are responsible to the people and subject to their supervision”-direct, public election only at lowest level at govt. however at face value demonstrates representative parliament, free and fair elections, open participation, accountable govt.
  • Article 5➡️nothing may contravene the Constitution/law (no state organs, armed forces, political parties, organisation/individual)- 1999 amended to explicitly include rule of law, no one is above the law
• Ch 2⃣- fundamental rights+duties including right to vote, freedom of speech and religious belief- protecting individual rights and freedoms however in practice CPC does not uphold/regulates many othem i.e. banning organised political opposition, 30,000 online monitor-dissidents are imprisoned
• Ch 3⃣- details structure of state and separation of powers

◕◕though there are many democratic principles included in the Constitution, they are not always adhered to in practice

Question 18

What are the origins of the Australian Constitution?

Answer 18

written Jan 1 1901, includes preamble, 9 clauses of the British Act and 8 chapters

Question 19

Does the Australian Constitution appear democratic?

Answer 19

includes basic rights

Ch 1 to 3- details 3 branches of govt- separation of powers

s41- right to vote

s80- right to trial by jury

s116- freedom of religion

Question 20

How is legislation passed in China?

Answer 20

legislative procedure is similar for NPC and NPC Standing Committee. NPC sessions are too short to hear all proposed bills

1. Introduction of Bill- usually submitted to Standing Committee between NPC sessions and then introduced in the session after the Committee’s consideration. Before a bill is introduced, preparatory deliberations are conducted by Presidium to decide whether it should appear/be allowed on NPC agenda
2. Deliberation of Bills- bill is explained bu body proposing it. Bill is examined by deputations, relevant special committees, Legislative Work Committee
3. Passage and proclamation of laws- draft law is revised by LWC based on opinion of deputations. New draft is submitted to Presidium for voting. It becomes law when majority votes for it. President of PRC signs and proclaims

Question 21

What is the Presidium?

Answer 21

The Presidium is a body of the NPC, includes senior officials of CPC, State, non-communist parties officials, heads of central govt agencies and organisations Nominated President + Vice-President, Chairman +Vice of SC, Chairman of CMC and President of Supreme People’s Court for election by NPC

Question 22

How is legislation passed in Australia?

Answer 22

ideas for legislation arises from a variety of sources ◕bill is developed and drafted by the Office of the Parliamentary Council

1. Initiation- bill listed on Notice Paper of the House 2. 1st Reading- bill read by Clerk of the House and copies made for MPS
2. 2nd Reading- minister responsible for area bill covers speaks about intentions of bill
3. Consideration in detail- amendments are proposed, debated+voted in. Once the bill is finalised, moves to
4. 3rd Reading- whole bill is then put to vote
5. Once passed Legislative Assembly, moves to Legislative Council and follows same process. If amendments made, must go back to LA
6. Royal assent- bill is signed by GG
7. Proclamation- act is enforceable by law ◕◕inclusive and lengthy process however hard for anyone but majority party in govt to get bill passed

Question 23

Are individual freedoms and rights upheld in Australia?

Answer 23

some stated (+can be interpreted) in Constitution (right to vote, freedom of religion, right to trial by jury) however, AUS is only democratic country without a bill of rights

• signatory of UDHR (+assisted in drafting) and many other international treaties on human rights- much of UDHR has been ratified and almost all major international human rights instruments
• rights largely developed under legislature (+implied in common law) and safeguarded by institutions such as Australian Human Rights Commission and independent judiciary
• AHRC- national, independent, statutory body operates under no discrimination- many acts to support this
• individual rights and freedoms are generally upheld- aided by the fact that citizens believe that they are inherent and entitled to them
• asylum seeker treatment is questionable however

Question 24

Are individual freedoms and rights upheld in China?

Answer 24

• conflicting views on whether upheld between CPC and supporters v. external agencies
• many protected in Constitution but not always upheld esp. if conflict with CPC and/or Four Cardinal Principals
• signatory to International Covenant on Civil+Political Rights but has not ratified- people who petitioned to ratified this were arrested
• no legal recognition of human rights and do not use same definition as most countries and organisations
• no independent judiciary- faces political pressure, strong CPC influence, often private party committees dictate outcomes of cases, civil+worker rights lack protection, due processes often not followed
• due processes are often not followed esp. in workforce