The Representative Nature of Parliament (VCE SSCE Legal Studies): Revision Notes

The Representative Nature of Parliament

Introduction

Australia's parliamentary system is designed to be representative of the people. This means that both Commonwealth and state parliaments consist of members who are elected by the people to make laws on their behalf. This principle is fundamental to our democratic system and ensures that members of parliament (MPs) engage with and listen to the views and concerns of voters.

The representative nature of parliament is a key factor affecting parliament's effectiveness as a law-making body. If MPs fail to make laws that reflect the views and values of the people, or fail to address community needs, they risk not being re-elected. This accountability mechanism is essential for maintaining a responsive and effective parliament.

There are three main aspects to the representative nature of parliament that influence its law-making ability:

• The diversity of parliament – whether parliament reflects the demographic makeup of society
• The willingness to act in accordance with majority views – how responsive parliament is to community opinion
• Regular elections – the mechanism that ensures accountability to voters

The diversity of parliament

Australia's diverse population

Australia is a highly diverse country. The 2021 Australian Bureau of Statistics (ABS) Census revealed significant diversity across multiple dimensions:

Category	Statistics
Birthplace	27.6% of the population (over 7 million people) were born overseas
First Nations people	3.2% of the population (812,828 people) identified as Aboriginal and/or Torres Strait Islander
Language	22.8% of the population (5.8 million people) use a language other than English at home
Religion	43.8% identified as Christian; 10% identified with another religion; 38.9% identified as having no religion
Sex and age	50.7% were female (median age 39 years); 49.3% were male (median age 37 years)

These statistics demonstrate that Australia's population includes people from many different backgrounds, cultures, religions, and experiences. This diversity shapes the range of perspectives and needs that exist within Australian society.

Lack of diversity in parliament

Despite this demographic diversity, Australia's parliaments have not generally reflected this diversity. While female representation has been increasing across all Australian parliaments, the proportion of First Nations members and those with non-European backgrounds remains significantly below their representation in the general population.

The debate on diversity and representation

Arguments that lack of diversity affects representation:

Some experts argue that demographic diversity in parliament is essential for true representation. Professor Tim Soutphommasane from the University of Sydney stated: "If you don't have cultural diversity in our politics, you don't have politics that's representative. That's a pretty basic problem."

This perspective suggests that without parliamentarians who share the lived experiences of diverse communities, the interests and needs of these groups may be overlooked or misunderstood in the law-making process.

Arguments that diversity is not essential for representation:

Others contend that parliamentary diversity does not necessarily determine parliament's ability to represent all people effectively. There are several mechanisms through which MPs can understand and respond to diverse community needs:

• Direct community engagement: Individuals and communities can communicate directly with their local MPs through letters, emails, phone calls, and meetings. Citizens can also use methods such as petitions and demonstrations to express their views and influence law reform.

• Formal law reform bodies: Parliaments can rely on independent bodies to gauge community views and ensure they are represented in law-making. These include:

  • Parliamentary committees (groups of MPs who investigate specific issues and hear from various community groups)
  • The Victorian Law Reform Commission (VLRC) – Victoria's leading independent law reform organisation that reviews, researches and makes recommendations about possible changes to Victoria's laws

• Past legislative achievements: MPs point to successful laws protecting minority groups as evidence that diversity is not a prerequisite for representative law-making. Examples include anti-vilification laws and legislation protecting the rights of the LGBTQIA+ community.

This debate highlights that while demographic representation may enhance parliament's understanding of diverse needs, alternative mechanisms exist to ensure community views are incorporated into law-making.

Willingness to act in accordance with the views of the majority

How parliament responds to community views

The representative nature of parliament encourages MPs to listen to community views and make laws accordingly. When people identify a need for law reform, they may undertake various activities to express their views:

• Forming petitions
• Organising demonstrations (gatherings of people to protest or express dissatisfaction with existing laws)
• Using social media campaigns
• Contacting their local MP directly

Because parliament is representative of the people, these activities can be influential in promoting law reform. MPs know that ignoring strong community sentiment may cost them votes at the next election.

Case study: ban on Nazi symbols

The Victorian ban on Nazi symbols illustrates how community pressure and majority views can drive law reform.

Challenges in representing majority views

While the representative nature encourages responsiveness to community opinion, several challenges exist:

Populist law-making:

MPs may introduce and support laws that are popular with voters rather than laws that are necessary but unpopular. This occurs because MPs want to be re-elected and may prioritise electoral success over long-term policy effectiveness.

Examples include:

• Tax cuts: Governments may promise tax reductions to win voter support, even when they may not be in the country's best economic interests
• Harsh sentencing laws: Governments may introduce tougher criminal penalties to appear "tough on crime," even though academic studies show that harsher sentences generally do little to reduce crime rates and don't address underlying causes of criminal behaviour

Conflicting societal views:

It can be difficult for MPs and governments to assess the majority view on controversial issues where society is divided. Examples include:

• Decriminalising drug use
• Allowing 16-year-olds to vote
• Imposing gender quotas (requirements for a certain percentage of women in positions such as corporate boards)

Predicting future needs:

While parliament has the power to make laws for future circumstances, it can be difficult to accurately predict future community views and needs. For example, successive Australian governments have struggled to anticipate the effects of medical advancements in areas such as:

• Assisted reproductive treatment
• Genome testing (to identify genetic disorders)

This means laws in these areas often lag behind technological advancements. Where predictions are easier to make, effective governments should be proactive rather than reactive. For example, as more individuals undertake genome testing, governments may need to consider laws protecting people from genetic discrimination by employers.

Regular elections

The importance of regular elections

To achieve representative government, regular elections must be held so people can vote for politicians to represent them in parliament. Elections provide a crucial accountability mechanism. If a government does not represent the needs of the majority during its term in office, it is likely to be voted out at the next election.

This system ensures that governments remain responsive to community needs and concerns throughout their term, knowing they will face electoral consequences for poor performance or broken promises.

Compulsory voting

In Australia, voting is compulsory for all eligible citizens. This system has both supporters and critics:

Criticisms of compulsory voting:

Some argue that compulsory voting undermines representative government because it forces people who are not interested or informed to cast votes. This may result in ill-informed decisions affecting law-making.

Support for compulsory voting:

Supporters argue that compulsory voting helps ensure parliaments and governments have the support of the majority of people, not just those motivated enough to vote voluntarily. It also forces candidates and political parties to consider the needs of the entire society when formulating policies, rather than just appealing to their most passionate supporters.

Election timing

Commonwealth Parliament:

Federal elections are held every three years. However, a criticism of the federal system is that elections are not held on a fixed date. The government can call an early election when political conditions favour them. For example, a government might call an early election if they fear an economic downturn that could damage their popularity.

Victorian Parliament:

State elections are held every four years, on the last Saturday in November. These fixed-term elections provide several advantages:

• Parliaments have a specified period to implement their programs without political uncertainty
• Voters have certainty about when the next election will occur
• Businesses can plan investments with greater confidence, as they're not concerned about sudden changes in government

Benefits of four-year terms:

Longer terms might encourage governments to introduce law reforms with long-term benefits because they're less concerned about short-term negative impacts on their popularity. This can lead to more effective law-making that addresses fundamental issues rather than focusing on short-term electoral advantage.

Exam guidance

Use specific examples: Demonstrate your understanding by referencing real cases such as the marriage equality debate (where it took years for the Commonwealth Parliament to legislate because both major parties wouldn't commit to change until certain of majority support) or the Nazi symbols ban discussed above.

Analyse both sides: For evaluation questions, consider both how the representative nature assists law-making (accountability, responsiveness to community needs) and how it can detract from effectiveness (populist law-making, difficulty predicting future needs).

Connect to democratic principles: Link your discussion to broader concepts of democracy, accountability, and the role of elections in ensuring representative government.

Consider different perspectives: Acknowledge debates around issues like parliamentary diversity, compulsory voting, and fixed-term elections, showing you understand the complexity of these issues.

Remember!