Politics Investigation Flashcards
Identify and explain the voting system used in AUS HOR
Preferential voting sytem, it is a majoritarian system and is based on single member electorates
What does a preferential system tend to do
amplify a small number of votes into a large number of seats thus creating a strong majority rule
Why is the preferential system good
Allows for a strong representation of the majority and the creation of a stable government
eg of exaggerated majority in 2013 aus election
Liberal national coalition achieved 46% of the vote but had 60% of the seat in the HOR
Bad of preferential voting
Results in minor parties receiving minimal political representation
Eg of minimised minority 2013 fed aus election
Greens achieved 9% of vote but only 1 seat in the HOR
What system does AUS senate use and describe it
Proportional voting system which looks to achieve an accurate translation of votes into seats
Good of senate system
Accurate translation of votes means their is a fair rep of minorities which creates a diverse senate who can veto executive bills
Bad of senate and how
Flawed by malapportionment due to section 7 of the constitution mandating equal state representation
What does senate malapportionment mean
NSW Pop of 7.5 mil has same rep as TAS pop of 515 000 means a vote in tas is worth 14.5x more that in NSW
What system does USA HOR use
uses a majoritarian system but instead of Preferential it uses a ftptp system
What does the FPTP system create
a strong link between constituents and reps as it surrounds the notion of single member electorates
What does AUS + US sytems have and common and what does it result in
The use of a majoritarian electoral sytem which means there is sweeping representation of the majority and a stable gov
eg of exaggeration of majority in 2016 congressional elections
Not particulary large
Republicans won 49% of vote but achieved 55% of seats
what same problems occur in USA HOR as Aus
Minimal minority representation
What system does US senate use and what does it mean
FTPT, means it gains the same disadvs and advs as the HOR gets
What other problem does the US senate concerned about + explain
Malapportionment, Each state is required 2 have 2 reps
Vote in wyoming with a pop of 580,000 is worth 69x more than a vote in cali with a pop of 40 million
What other problem does US HOR + Senate have to deal with, explain it
Gerrymandering, the USA allows the state governor to draw electoral boundries in order to gain a pol adv
Explain the process of gerrymandering
Concentrating opponents votes into fewer seats and conceding them, then by distributing its own voters into a greater number of seats it has a greater chance of winning
eg of gerrymandering
2002 Pennsylvania election, saw the republican party redraw a democratic reps seat so much that it saw him contest the seat with another democrat
Main instrument that Aus upholds popular participation, EXPLAIN IT
CMWTH Electoral Act 1924 which mandates compulsary voting for all citizens over 18
when was the electoral act extended to ATSY
1984
Benefits of electoral act eg
High participation rates of 91% and 93% in 2013 and 16 fed elections
2nd instrument to uphold participation in AUS
In 1984, decided to give political parties who obtain more than 4% of the primary vote funding
Result of pol funding in AUS
Helps parties meet the cost of policy development and campaigning. Means more parties are compelled to participate because they know they can support themselves
What do some people see compulsary voting as
a coercive and immoral way to get people to vote
What does the fines system in AUS undermine
Basic principles of democracy as rather than encouraging people to vote it coerces them through a notion of a large fine
Negative result of compulsary voting eg
Large increase in number of informal voting with 5% of 2016 federal election ballots being informal
Main instrument for pol participation in USA
Through a number of very influential sectional groups that represent the pol interest of a large portion of citizens
what do pressure groups act as
Another avenue for political participation to counteract the notion of voluntary voting
eg of section group
NRA is a powerful sectionalist pressure group that allows citizens to participate from the ideology of the right to bear arms
2 flaws of us participation
Voluntary voting
Voting machines
What does voluntary voting do
Results in poor election turnouts and often creates debate surround the idea that politicians only speak for those that are interested
eg of voluntary voting flaw
Saw a 56% voter turnout for 2016 presidential election
What are voting machines and why are they a flaw
Are used a means of efficiency however have sometimes proved unreliable thus disenfranchising people
eg of voting machines
2000 presidential electios voting machines in a number of florida booths failed to work. The result was, disenfranchising a number of African-american democratic voters
How does Aus protect the rule of law
Con limits to power
Transperent Gov processess
Laws made from a rep legislature
Checks on gov from senate and committe system
Trials conducted by an independent judiciary in open courts
What does the Rule of law require and how is this undermined in AUS
A strong judiciary, this is flawed through the use of mandatory sentencing in WA and NT
What does mandatory sentencing do
reduces the ability of judges to interpret cases and apply the correct punishment on their own merits
How does mandatory sentencing affect individuals
affects individuals from lower socio-economic backgrounds as they are more susceptible to becoming involved in certain crimes. Affect the ROL principle applying to everyone equally
2nd way ROL is undermined in AUS
ROL relies on upholding legal rights such as the presumption of innocence, which is disrupted through anti-terror laws
How does USA ROL compare to AUS
Very similar in how it upholds ROL, however a few discrepencies, including a more robust SOP which means exec dominance isnt as noticeable compared to AUS. Rights protection is also very prevalent in the US which ensures society is free from gov intimidation
Where do problems with ROL arise from
US war on terror
How has war on terror undermined ROL
Executive has placed terrorist suspects outised the USA, so they are outside the USA jurisdcition, thus avoding the ROL
How does guantanomo bay undermine ROl
Disrespects principles of ROL such as not targetting specific individuals and the equal application of law to all
What is judicial independnce and where is done well in aus
The seperation of the judiciary from all other arms of government making it free from intimidation and interference s71 and 72
Section 71
Vest judicial power in the HC and other courts the parliament may create
S72
Protects judges by the only way of removal being by vote on proven bisheviour
Also ensures protection from the reduction in pay
Limiting JI in AUS
Mandatory sentencing reduce the capacity of a judge to apply an appropriate sanction
Where is judicial independence protected in USA
- Article 3 of con vest judicial power in supreme court and other courts parliament creates
- Article appointment of judges to supreme court with consent of senate
Other way JI is protected
Removal from office is carried out like it would be on any other federal official
What can USA do better in JI
Seven states elect judges. Judges derive authority from common law and established preactices meaning they are seperate from the pol process
Why does consenting the senate disrespect judicial independence
It leaves judges open to partisan bias inherent in the US system, undermining impartiality
What is natural justice
Refers to fair ways of resolving disputes, fair legal processes and fair trials
Where are the principles of nj engrained
in ADR and Adversarial systems
Where else is nj engrained, example
Common law, CMWTH evidence Act 1995 which legislates the rules of evidence
Why does adversarial undermine NJ
Incredibly time consuming and expensive which inhibit the ability to achieve NJ
What has ADR done
Help combat the problems the adversarial system faces by offering a time and cost effective method
2nd way NJ is undermined in AUS
Through anti-terrorist legislation which prevents terrorist knowing the evidence against them and the ability to be charged for not answering questions
Why does the US have the same problems of NJ
Inherited the adversarial system from Britain and thus encounters the same problems and the same creation of ADR
What has helped improve the NJ in USA
Legal aid through the creation of the legal services corpotation
One problem with NJ in USA
Growing levels of wealth inequality has decreased the ability to achieve NJ and even with the legal service corp they are underfunded thus defeating the purpose
ROL + 4 of its principles
Comibination of Principles Constitutional Limits to power Laws are universally applied Gov acts in accordance Legal rights are respected
NJ+ 4 of its principles
Impartiality
Fair hearing
decisions based on evidence
Transparent process
Define pol rep i.e Rep democracy
Rep democracy is the solution to people governing themselves people delegate their sovereignty into representatives
Key difference between exec rep in USA AND AUS
Aus exec is indirectly elected thus indirectly reps the will of the people and usa is directly elected thus directly reps the will of the people
4 things AUS does well in terms of Pol rep
Secret ballot
Compulsary voting
Electoral compramise
AEC
Compulsary voting good
Provides a firm expression of the will of majority and prevents well organised minorites achieving over representation
Electoral compramise
Refers to the fact that through using 2 seperate methods of election it can create stable government,be fair, produce strong links between voters and be simple to use
Electoral reforms
In 1918 and 2016 etc have been aimed all at increasing rep
AEC
Independent authority tasked with administering the cmwth electoral act that prevents electoral fraud and mall apportionment
3 bad things of AUS Pol rep
Voter disengagement
Over rep
Diversity
Voter disengagement
Particularly in young voters who lack the trust in politicians with more than half of 18 yr olds not enrolled to vote
Over rep
smaller states are over repped because of s7
Diversity
Bad at repping gender, age and education with 31% of aus aged 18-34 but only 2 and 6 in hor and senate
2 good of USA pol rep
FTPT
Electoral cycle
Electoral cycles
The usa has short electoral cycles meaning their is more oppo for pol rep to exercised
Bad of usa pol rep
FTPT
Gerrymandering
Pol donations
Pol donations eg and explain
Donation by Koch brothers of 900 mil to candiates of congress ans presidency. Lack of transperency and ability to influence.
Define pol participation
Is the process of making citizens voices opinions and perspectives present in the public policy making processes
2 bad of pol part in AUS
All parties have suffered declining membership with no party having more than 50 000 members
