Political & Legal Comparison: Australia vs China Flashcards
With regard to the operating principles of a liberal democracy.
Political context to Australia.
Australia is a representative democracy with a constitutional monarchy, organized as a federation with a responsible parliamentary government.
Political context to China.
China is an authoritarian nation state, upholding a socialist system where economic assets (land and capital) are distributed to the ‘working class’, and enterprise is state-owned.
Political Participation in Australia - yes.
- Eligible Australian’s are encouraged to exercise their right to vote. Each vote is given equal recognition to express political values and interests of the people.
- Australians are allowed to discuss and debate political concerns amongst others in society.
- Australians are given the ability to express their political views and interests not only through voting, but through direct involvement in government such as running for public office, lobbying, protesting.
Political Participation in China - no.
- Voting is permitted, although is not free from bias. Intimidation of non-CPC candidates prevents them from getting on the ballot. This does not achieve genuine political participation.
- Due to one party (Communist Part of China) - one ideology (socialism), there is no tolerance for alternative political views or interests.
- The National People’s Congress (NPC), which in theory is supposedly the most important body of China’s political system, is merely a ‘rubber stamp’ (a source of approval) for decisions made by the CPC. If a large governing body such as the NPC is subjugated by the CPC, there is no chance for other political parties and pressure groups to even form, let alone lobby.
Political Freedoms in Australia - yes.
Australia is a party to the International Covenant on Civil and Political Rights:
- Article 18 - “Everyone shall have the right to freedom of thought, conscience and religion.” Inclusive of this right, the freedom to adopt a belief of his choice and to exercise it, is given.
- Article 19 - “Everyone shall have the right to freedom of expression”. Inclusive of this right, the freedom to seek, receive and impart information, is given.
- Article 22 - “Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
Political Freedoms in China - no.
The Tiananmen Square Massacre in 1989 is evidence that political freedoms and rights have no form of existence in China.
Pluralism (doctrine of multiplicity - diversity within a political body) was quashed as a result of the 10,000 Chinese killed in the protest for economic policies of inflation. The CPC demanded that the People’s Liberation Army (PLA) militarily enforce its intolerance of alternative political views to socialism.
Majority Rule in Australia - yes.
- Parliamentary (federal) elections enable the legislature to be composed of representatives chosen by the people, whom will make laws that reflect the will of the people - majority rule.
- The representative parliament (chosen by the people) determine its executive government. The government in Australia is the political party of parties, with a majority of (76) seats in the House of Representatives (‘lower house’).
By doing so, it achieves majority rule because “it is the will of the people that determines who wields the executive power to implement laws.”
- People elect representatives in parliament (legislature)
- Parliament determines government (executive)
Majority Rule in China - no.
There is no majority rule reflected in the composition of China’s State Council (administrative authority of People’s Republic of China).
Why? Because majority rule cannot be achieved in executive government when all positions in governments, at all levels of government, are CPC controlled.
“CPC controlled election of local, region, and city level executive governments undermine majority rule.”
Equality of Political Rights in Australia - yes.
- Right to a trial by jury - a defendant has the ability to choose whether he wants to be adjudicated by juries in a trial, or by judge-alone in a trial.
- Australia grants voting rights to citizens of Australia. When given the opportunity to vote, the people of Australia are also enabled political participation in government. Ensuring that citizens have equality of political rights, to exercise the same opportunities as every other citizen, is a key feature for Australia’s liberal democracy.
Equality of Political Rights in China - no.
Chapter 2 of China’s Constitution appears to provide protection and respect for the political rights of the people.
But it is clearly theoretical and antithetical to the reality, as these rights are frequently ignored and violated by the executive government (CPC), and court systems.
Why? Because both are controlled by the CPC.
Strengths of Australia’s system of government.
- Separation of Powers - prevents the concentration of power in one governing body.
- Rule of Law - ensures that the political rights and freedoms of individuals (regardless they are of majority or not) are protected.
Weaknesses of Australia’s system of government.
- Limited representation in government - A political party may become a ‘tyranny of the majority’, when power is concentrated in one party.
Strengths of China’s system of government.
- Political meritocracy - Xi Jinping is an exemplary individual of political meritocracy, where power is vested in individuals based on their competency, achievements, and abilities.
Weaknesses of China’s system of government.
- Rule by Law - the law is used for the political intentions of CPC members, which may violate the rights and freedoms of others, or may be used to circumvent and evade their misconducts.
