Operating Principles: Liberal Democracy Flashcards
Majority Rule
Based on popular sovereignty and expression of the will of the majority in law-making.
Equality of Political Rights
All citizens are entitled to political rights, which includes; right to vote, run for political office, and to participate in government.
Political Participation
Citizens actively take part in their own government, therefore exercising their political rights and freedoms. Doing so allows them to influence law-making and government decision-making.
Political Freedoms
Allows the ability for citizens to make choices without intimidation, coercion, or pressure from those with power
How does the Australian political-legal system reflect majority rule?
The process of constitutional change in Australia reflects majority rule when citizens vote in referendums, which requires both a democratic majority and a federal majority to change the Commonwealth of Australia Constitution Act 1900. This requirement is known as a double majority.
How does the Australian political-legal system reflect ‘equality of political rights’?
‘one vote, one value’ - principle that each elector’s vote has equal value, or power to influence an electoral outcome, as all other votes.
How does the Australian political-legal system reflect political participation?
Voting in elections, joining pressure groups (GetUp! is an example), joining political parties, protesting, etc.
How does the Australian political-legal system reflect political freedoms?
Political freedoms enable political participation. It includes freedom of assembly, expression etc. Australian citizens have an implied right to political communication, but not a right to free speech (as in the US). This means freedom of expression has certain limits, such as inciting racial vilification or hatred.
Rule of law
The law holds ultimate superiority. Everyone is subject to the law. Ie citizens, governments, and corporations. ‘Rule of law’ is characterised by elements such as judicial independence.
Ex: Former Federal Court Judge, Marcus Einfeld, was convicted for perjury and perverting the course of justice over a $77 speeding fine.
Judicial independence
Judiciary must be completely free from interference and influence from other arms of government, or any other institution. A vital component of rule of law.