Democracy is produced in the Australian political system to created a fair society, however it is ironically produced by non-democratic and democratic instruments. The extent to which the Australian political system produces a democratic and fair society is dependent upon instruments such as the Constitution, Bicameral parliament, Separation of powers, Representative government, Responsible government and the ethic and values during a particular time.
An instrument in the Australian political system that produces a fair and democratic society is the Federal Constitution 1901 because it outlines the powers and constraints of the Australian political/legal system. The constitution creates a democratic and fair society because as Judge Murphy describes, it allows “an equal share of power”, this is evident through the division/separation of powers. Moreover, Gordon Reid and Martyn Forrest support Murphy’s claims regarding the constitution producing a fair society because it ‘uphold[s] the highest ideals of political representation’. The constitution protected rights regarding democracy in s 41,7 and 24, thus producing a democratic/fair society. However, in regards to values and ethics the constitution had failed to produce a democratic and fair society in the past, because suffrage was only granted to non-aboriginal men. This was due to the values and ethic of the time period, in which it was thought that aboriginals were not ‘citizens’ and women not qualified to vote.
In this essay I will examine the development of Australian society and subsequent rights given to Australian citizens, thus addressing the guiding question as quoted at the top of the paper.
We believe that Australia is highly democratic, but there is nothing democratic about someone inheriting a position of power because they happened to be born in that blood
The Australian Constitution is a rich amalgam of various classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particular, the High Court has applied this with relative rigour with respect to the separation of judicial power. The separation of the judicial power is fundamentally critical to upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that “the separation of the judicial function…advances two constitutional objectives: the guarantee of liberty and, to that end, the independence of Chapter III judges” . Kitto J in R v Davidson also identified that the judiciary should be subject to no other authority but the law itself . This is a critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to providing checks and balances on the exercise of power by the legislative and executive arms of government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial Power is defined as “the power which every sovereign must of necessity have to decide between its subjects
This report will cover the history of the Aboriginal Voting rights in Australia. The Aboriginals did not gain the right to federal voting at least 150 years after the British colonized in Australia. All citizens of a nation deserve equal rights.
Australia’s current political system is a Constitutional Monarchy. A constitutional monarchy requires that a hereditary monarch is appointed as the head of state. The monarch in a constitutional monarchy has got a largely a figurative and official role than a practical one. In this current system, the responsibility to pass legislation is tasked only to the democratically elected parliament. In Australia’s case, the hereditary monarch Queen Elizabeth II is the Queen of Australia and the Head of the Commonwealth, of which Australia is a part of. The position held by Her Majesty, cannot be contested by an election like the Prime Ministers, however it is a birth right of those in her lineage. Due to the exclusivity of the position as the hereditary
Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.
The referendum campaign effectively focused public attention on the fact that Aboriginal and Torres Strait Islander Australians were second class citizens with all sorts of limitations - legislative and social - on their lives. This decade-long campaign to change the Constitution came to symbolise the broader struggle for justice being fought during these years. Activists presented the case for a Commonwealth government
The political system used within Australia should be that of an aristocracy. This is superior to that of the democratic society we live. Today I shall be discussing what an aristocracy is and why it is superior to other political systems. Some issues being addressed are the values of equality, despite the classes within an aristocracy and the rights for the upper class or rulers of their society to be just and uphold the idea of society as a whole opposed to that of a democracy where individuals are favoured. This is followed by the cons of the other political systems and lastly the military and defence, which is presented in an aristocratic society.
Australia is one of the best examples of a liberal democracy. The government is representative and responsible of accountable to the citizens and their needs. Ultimately the power rests with the people. A liberal democracy means political freedom, freedom of speech, freedom for the individual. Within a liberal democracy, free and fair elections are required to be regular. A fair election involves a democratic choice, the ability to vote without pressure and no manipulation (Willmott 2015, p.257). Each one vote has a singular value, and every person has only one vote. When the voting process is over and the votes are counted, the candidate with majority votes is elected. A more recently accepted feature of fair elections is the secret ballot.
Introduction The procedure for amending the Constitution of Australia is a relevant matter due to the mounting desire to recognise Indigenous Australians as the first peoples of the land that now forms the Commonwealth of Australia. Historically, the Australian Constitution has been very difficult to amend and many consider the process to be too constrictive and advocate the introduction of another system, such as that of Canada. This paper seeks to investigate the benefits and hindrance of the procedure of constitutional amendment in Australia and to determine if a new system would be more effective. This paper will explore the processes of each nation’s constitution along with analysing the impacts on the involvement of the people, legislature,
The piece Advance Australia … within reason, was conveyed on the 5th of January by Amy Mackintosh, at the annual “University of Students for Youth Political Activism’ meeting held at The University of Melbourne. Mackintosh steadily argues the reasons why Australia should not have become a republic, and how the country should stay as a monarchy. The tone of the speech is very colloquial and even sarcastic, with the middle part being more analytical and serious. The speaker gives the impression that the argument for Australia to stay as a Monarchy is unbiased and logical.
The Division and Separation of power are essential to keep our societies rulers to have a restriction on their powers. The importance of each on the Australian domestic law especially in relation to the rule of law, and protecting individual rights, and the legal system.
come together to decide on different policies and programmes to satisfy their supporters interests. Some of the major political parties in Australia are Australian Labor Party (ALP), the National Party of Australia, the Liberal Party of Australia and The Greens. In recent years as our technology has gotten more advanced, Politicians have realised that the best and easiest way to state news and upcoming events is by social media. Social media is an app or websites that allow people to create and share pictures, information, news and events that occur across the world. Apps such as snapchat and Instagram are mainly used for sharing pictures, videos and talking to friends.
Australia’s government design was taken from the British Westminster system after those who originally colonized Australia. A functional, western style democracy, there are a number of minor political parties operating in Australia but the country’s federal politics is an essential 2-party system at present, much like the United States (Our Country, 2015).
Churchill’s claim that “democracy is the worst form of government except all the others that have been tried” is deliberately provocative and intended to challenge the reader’s simplistic ideal that democracy is without faults. There are an estimated 114 democracies in the world today (Wong, Oct 3rd lecture). A figure that has increased rapidly in the last century not necessarily because democracy is the best form of government, but primarily for reason that in practice, under stable social, economic and political conditions, it has the least limitations in comparison to other forms of government. Be it the transparency of a democratic government or the prevalence of majority rule, all subdivisions of democracy benefit and hinder its