Mandates Flashcards
Mandate
Authority given by voters to the party/coalition (or senators who hold deciding power) with a majority of seats in the HOR to implement programs and policies that they put to the people at the election
Competing mandates
Will of majority/majoritarian mandate, balance of power mandate
Will of majority/majoritarian mandate
Election victory that gives government a right to implement their policies that they took to the people at the election and administrative authority to respond to any crises that arise between the next election, Eg climate change bill, voice to parliament, anti-corruption, exist because of the Westminster convention of responsible government and due to s64
Balance of power mandate
Ability of Independent and Minor party senators holding the balance of power in the Senate to vote either in favour of or against government legislation, Arises from the fact that crossbench senators can review, block and amend legislation, Eg Pocock’s assisted dying legislation and integrity commission?, Greens climate change bill (Greens offering support on climate change safeguard on the condition that there are no new coal and gas projects) and voice to parliament
Arguments for the majoritarian mandate (2)
‘Will of the people’ is expressed through elections as gov is formed in the lower house meaning their programs and policies have been endorsed by the electorate, however labor only got around 30% of primary votes yet make up 51% of the HOR, Serves as an accountability mechanism requiring government to deliver on their electoral promises, however no law saying they must implement them- Scomo didn’t implement religious discrimination, Government can use mandates to argue their right to introduce policy against the opposition or members of the senate (Gov can argue that the people ‘chose’/want the mandate)
Argument against the majoritarian mandate (3)
Labor only got around 30% of primary votes but make up 51% of parliament, Doesn’t represent everyone 77/151 seats- not a significant majority such as 2013-2016 Libs 90/150 seats, Minority gov has a weakened majoritarian mandate- 2010-2013 Gillard was forced to enforce a carbon tax to gain Bandt’s support after she promised to not enact one
Arguments for the balance of power mandate (4)
Senators can also claim they too have been elected by the people, Senators claim a legitimate mandate on the basis that such a mandate allows the senate to fulfil its role as the house of review, Senators are elected via proportional voting meaning they are more reflective of the ‘will of the people’, Dual votes- some people vote for a majority party in the HOR and then vote minor/independent in the Senate (in 2023 election, 33% were dual voters)
Arguments against the balance of power mandate (2)
Senators are elected to represent the states not block or oppose legislation, Senate is seen as an ‘unrepresentative swill’- Paul Keating, Undemocratic as there are a small number of senators holding the balance of power to wield the power to refuse, delay or frustrate the passage of government legislation, if Labor gains support of Greens, Pocock’s vote is still needed so he could force changes, E.g Jacqui Lambie tax cuts (getting more money for Tasmania)
Will of majority mandate vs balance of power mandate
Will of the majority mandate holds more legitimacy as they represent a majority of Australians whereas the balance of power mandates are determined by people who represent a much lower amount of people (Pocock represents 431,000 people and got 60,000 primary votes)
Specific mandate
More direct promises and policies canvased during election that surround
Examples of specific mandates
Successes: Medevac repeal, NACC, voice to parliament
Loss: Religious discrimination bill
Arguments for the specific mandate (2)
More strongly representative as the policy was put forward before the election and then they were voted in- representative democracy, Clear accountability mechanism- clear if it has been fulfilled or frustrated by the senate (transparency)
Argument against specific mandates (1)
Increase in votes for Teals and Independents- 11 independents in 47th parliament- gained 7 in 2022, kept 3, didn’t lose any- should listen and compromise with the senate
General mandates
Surround the values of the party and what they stand for instead of the promise of specific policies
Example of a general mandate
Medevac- Liberals’ ideology that any person who came to Australia illegally would never step foot on Australia, The senate added amendments allowing people who had illegally arrived to come to Australia for serous medical treatment
