Politics Investigation Flashcards

1
Q

Identify and explain the voting system used in AUS HOR

A

Preferential voting sytem, it is a majoritarian system and is based on single member electorates

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2
Q

What does a preferential system tend to do

A

amplify a small number of votes into a large number of seats thus creating a strong majority rule

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3
Q

Why is the preferential system good

A

Allows for a strong representation of the majority and the creation of a stable government

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4
Q

eg of exaggerated majority in 2013 aus election

A

Liberal national coalition achieved 46% of the vote but had 60% of the seat in the HOR

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5
Q

Bad of preferential voting

A

Results in minor parties receiving minimal political representation

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6
Q

Eg of minimised minority 2013 fed aus election

A

Greens achieved 9% of vote but only 1 seat in the HOR

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7
Q

What system does AUS senate use and describe it

A

Proportional voting system which looks to achieve an accurate translation of votes into seats

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8
Q

Good of senate system

A

Accurate translation of votes means their is a fair rep of minorities which creates a diverse senate who can veto executive bills

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9
Q

Bad of senate and how

A

Flawed by malapportionment due to section 7 of the constitution mandating equal state representation

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10
Q

What does senate malapportionment mean

A

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

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11
Q

What system does USA HOR use

A

uses a majoritarian system but instead of Preferential it uses a ftptp system

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12
Q

What does the FPTP system create

A

a strong link between constituents and reps as it surrounds the notion of single member electorates

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13
Q

What does AUS + US sytems have and common and what does it result in

A

The use of a majoritarian electoral sytem which means there is sweeping representation of the majority and a stable gov

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14
Q

eg of exaggeration of majority in 2016 congressional elections

A

Not particulary large

Republicans won 49% of vote but achieved 55% of seats

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15
Q

what same problems occur in USA HOR as Aus

A

Minimal minority representation

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16
Q

What system does US senate use and what does it mean

A

FTPT, means it gains the same disadvs and advs as the HOR gets

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17
Q

What other problem does the US senate concerned about + explain

A

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

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18
Q

What other problem does US HOR + Senate have to deal with, explain it

A

Gerrymandering, the USA allows the state governor to draw electoral boundries in order to gain a pol adv

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19
Q

Explain the process of gerrymandering

A

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

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20
Q

eg of gerrymandering

A

2002 Pennsylvania election, saw the republican party redraw a democratic reps seat so much that it saw him contest the seat with another democrat

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21
Q

Main instrument that Aus upholds popular participation, EXPLAIN IT

A

CMWTH Electoral Act 1924 which mandates compulsary voting for all citizens over 18

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22
Q

when was the electoral act extended to ATSY

A

1984

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23
Q

Benefits of electoral act eg

A

High participation rates of 91% and 93% in 2013 and 16 fed elections

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24
Q

2nd instrument to uphold participation in AUS

A

In 1984, decided to give political parties who obtain more than 4% of the primary vote funding

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25
Q

Result of pol funding in AUS

A

Helps parties meet the cost of policy development and campaigning. Means more parties are compelled to participate because they know they can support themselves

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26
Q

What do some people see compulsary voting as

A

a coercive and immoral way to get people to vote

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27
Q

What does the fines system in AUS undermine

A

Basic principles of democracy as rather than encouraging people to vote it coerces them through a notion of a large fine

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28
Q

Negative result of compulsary voting eg

A

Large increase in number of informal voting with 5% of 2016 federal election ballots being informal

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29
Q

Main instrument for pol participation in USA

A

Through a number of very influential sectional groups that represent the pol interest of a large portion of citizens

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30
Q

what do pressure groups act as

A

Another avenue for political participation to counteract the notion of voluntary voting

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31
Q

eg of section group

A

NRA is a powerful sectionalist pressure group that allows citizens to participate from the ideology of the right to bear arms

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32
Q

2 flaws of us participation

A

Voluntary voting

Voting machines

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33
Q

What does voluntary voting do

A

Results in poor election turnouts and often creates debate surround the idea that politicians only speak for those that are interested

34
Q

eg of voluntary voting flaw

A

Saw a 56% voter turnout for 2016 presidential election

35
Q

What are voting machines and why are they a flaw

A

Are used a means of efficiency however have sometimes proved unreliable thus disenfranchising people

36
Q

eg of voting machines

A

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

37
Q

How does Aus protect the rule of law

A

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

38
Q

What does the Rule of law require and how is this undermined in AUS

A

A strong judiciary, this is flawed through the use of mandatory sentencing in WA and NT

39
Q

What does mandatory sentencing do

A

reduces the ability of judges to interpret cases and apply the correct punishment on their own merits

40
Q

How does mandatory sentencing affect individuals

A

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

41
Q

2nd way ROL is undermined in AUS

A

ROL relies on upholding legal rights such as the presumption of innocence, which is disrupted through anti-terror laws

42
Q

How does USA ROL compare to AUS

A

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

43
Q

Where do problems with ROL arise from

A

US war on terror

44
Q

How has war on terror undermined ROL

A

Executive has placed terrorist suspects outised the USA, so they are outside the USA jurisdcition, thus avoding the ROL

45
Q

How does guantanomo bay undermine ROl

A

Disrespects principles of ROL such as not targetting specific individuals and the equal application of law to all

46
Q

What is judicial independnce and where is done well in aus

A

The seperation of the judiciary from all other arms of government making it free from intimidation and interference s71 and 72

47
Q

Section 71

A

Vest judicial power in the HC and other courts the parliament may create

48
Q

S72

A

Protects judges by the only way of removal being by vote on proven bisheviour
Also ensures protection from the reduction in pay

49
Q

Limiting JI in AUS

A

Mandatory sentencing reduce the capacity of a judge to apply an appropriate sanction

50
Q

Where is judicial independence protected in USA

A
  • 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
51
Q

Other way JI is protected

A

Removal from office is carried out like it would be on any other federal official

52
Q

What can USA do better in JI

A

Seven states elect judges. Judges derive authority from common law and established preactices meaning they are seperate from the pol process

53
Q

Why does consenting the senate disrespect judicial independence

A

It leaves judges open to partisan bias inherent in the US system, undermining impartiality

54
Q

What is natural justice

A

Refers to fair ways of resolving disputes, fair legal processes and fair trials

55
Q

Where are the principles of nj engrained

A

in ADR and Adversarial systems

56
Q

Where else is nj engrained, example

A

Common law, CMWTH evidence Act 1995 which legislates the rules of evidence

57
Q

Why does adversarial undermine NJ

A

Incredibly time consuming and expensive which inhibit the ability to achieve NJ

58
Q

What has ADR done

A

Help combat the problems the adversarial system faces by offering a time and cost effective method

59
Q

2nd way NJ is undermined in AUS

A

Through anti-terrorist legislation which prevents terrorist knowing the evidence against them and the ability to be charged for not answering questions

60
Q

Why does the US have the same problems of NJ

A

Inherited the adversarial system from Britain and thus encounters the same problems and the same creation of ADR

61
Q

What has helped improve the NJ in USA

A

Legal aid through the creation of the legal services corpotation

62
Q

One problem with NJ in USA

A

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

63
Q

ROL + 4 of its principles

A
Comibination of Principles
Constitutional Limits to power
Laws are universally applied
Gov acts in accordance
Legal rights are respected
64
Q

NJ+ 4 of its principles

A

Impartiality
Fair hearing
decisions based on evidence
Transparent process

65
Q

Define pol rep i.e Rep democracy

A

Rep democracy is the solution to people governing themselves people delegate their sovereignty into representatives

66
Q

Key difference between exec rep in USA AND AUS

A

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

67
Q

4 things AUS does well in terms of Pol rep

A

Secret ballot
Compulsary voting
Electoral compramise
AEC

68
Q

Compulsary voting good

A

Provides a firm expression of the will of majority and prevents well organised minorites achieving over representation

69
Q

Electoral compramise

A

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

70
Q

Electoral reforms

A

In 1918 and 2016 etc have been aimed all at increasing rep

71
Q

AEC

A

Independent authority tasked with administering the cmwth electoral act that prevents electoral fraud and mall apportionment

72
Q

3 bad things of AUS Pol rep

A

Voter disengagement
Over rep
Diversity

73
Q

Voter disengagement

A

Particularly in young voters who lack the trust in politicians with more than half of 18 yr olds not enrolled to vote

74
Q

Over rep

A

smaller states are over repped because of s7

75
Q

Diversity

A

Bad at repping gender, age and education with 31% of aus aged 18-34 but only 2 and 6 in hor and senate

76
Q

2 good of USA pol rep

A

FTPT

Electoral cycle

77
Q

Electoral cycles

A

The usa has short electoral cycles meaning their is more oppo for pol rep to exercised

78
Q

Bad of usa pol rep

A

FTPT
Gerrymandering
Pol donations

79
Q

Pol donations eg and explain

A

Donation by Koch brothers of 900 mil to candiates of congress ans presidency. Lack of transperency and ability to influence.

80
Q

Define pol participation

A

Is the process of making citizens voices opinions and perspectives present in the public policy making processes

81
Q

2 bad of pol part in AUS

A

All parties have suffered declining membership with no party having more than 50 000 members