Development of Democracy in Australia

Overview

A democracy is a society in which the citizens are sovereign and control the government.

Democracy and the rule of law are intertwined in Australia where the rule of law is the concept that both the government and citizens know the law and obey it. At the core of both these concepts is equality of all and the need to ensure those in power are accountable to the people.

What is democracy?

Democracy is more than just voting

Australia follows the Westminster system, a democratic parliamentary system of government modelled on the politics of the United Kingdom and the United States of America. Australia’s democratic beliefs did not appear by chance but were developed over more than 200 years on Australian soil, over 800 years from England stemming back to the Magna Carta and over 1,500 years where the concept of democracy originated in Ancient Greece.

The book Australia’s Democracy by John Hirst starts by asking:

“How important is the right to vote? How does it compare with the advantages of living under a government that can’t lock you up without allowing you a fair trial, that can’t stop the criticisms of the media, that can’t control the judges, that itself has to obey the law? These things are an important part of what we understand by democracy.”

Democracy is more than just people having the vote.

It also includes scrutiny by the people in the form of regular, free and fair elections, informed citizens, freedom of speech, freedom of association and freedom of the media, all within a culture of lawfulness.

Furthermore, democracy requires there to be checks and balances on government including a constitution, laws and legal processes, open and transparent decision making, scrutiny of decisions, pluralistic system of government and an independent judiciary.

Australia’s Path to Democracy

Many key elements of democracy were adopted at different times by different colonies.

1788: Not a democracy, but elements of the rule of law

At the establishment of the penal colony in New South Wales, the Governor was appointed by the British Government. The people did not have the power to vote or choose who ruled over them.

The path to Australia’s democracy from the time Australian colonies and the first seeds of the rule of law included:

• The influence of British Law and the Magna Carta in the new colony of New South Wales

• The role of Lord Sydney and the First Charter of Justice in establishing a colony with the rule of law and a court system

• The first civil case in NSW and human rights

• The Rule of Law under the first 5 governors; and

• The Establishment of the Supreme Court

1850’s: The Eureka Rebellion and its contribution to democracy in Australia

The Eureka Stockade had a significant impact on the development of democracy in the colonies and later within the Federation of Australia. The Eureka Rebellion was a key moment where the people demanded equal and fair treatment and the right to take part in the democratic process. Not long after Eureka, a new system of administration in the Goldfields of Victoria was introduced that upheld Chartist principles such as:

• universal male suffrage

• secret ballot

• abolishment of property qualifications for voting and the system of one man, one vote; and

• payment of members.

Before Federation in 1901, the separate colonies of Australia such as NSW, Victoria etc (that we now know as States) had their own democracy outlined in their Constitution and formed their own parliaments.

1900’s: Federation, the Australian Constitution and Democracy

After rigorous and extensive debate, an agreement was reached creating an overarching national constitution, written in 1900. As part of a British Act of Parliament, Federation took effect on 1 January 1901. The new Commonwealth of Australia Constitution Act (1901) has its foundation in principles that are derived from the Westminster system of governance, the United States Constitution, and principles from each colony’s constitution. Under this model, powers were distributed between a central government and various state governments to prevent one person, or group from dominating the nation.

What is in Australia’s Constitution and how is it democratic?

The Australian Constitution is a plan, a blueprint that outlines a set of rules on how Australia is governed.

i. The Constitution gives the people the power

The Constitution is a key document for the development of democracy as it was conceived by Australians, drafted by Australians and approved by Australians. The British Parliament no longer has any power over Australia. The Constitution’s power as a fundamental law of Australia relies on the Australian people’s decision to approve of and be bound by the terms of the Constitution.

The Constitution protects all Australian citizens. It recognises and supports the rule of law by providing a legal system that is fair and accessible to everyone

As outlined by John Hirst:

“The delegates [drafting the Constitution] borrowed heavily from the federal constitution of the United States. They used the same names for the two houses of parliament, the House of Representative and the Senate, and they were composed in the same way. In the Senate the states were to have an equal number of members. In the Representatives the people were to be represented, with the states having members according to their population. As in the United States, a court- the High Court- was to interpret the constitution. It would settle arguments between the Commonwealth and the states over their powers.

However, the Australians did not want to follow the Americans and elect a president. They wanted the government of the Commonwealth to be formed in the parliament and to be responsible to it. They wanted the Westminster system that they were used to in the colonies …

The constitution was to be altered by referendum- a very democratic method- but there had to be two majorities if a proposal were to be carried: a majority of people and a majority of the states“

ii. The separation of powers stops power from being held by one single body

The Australian Constitution divides power between three branches of government, referred to as the separation of powers. Chapters I to III of the Constitution outline the legislative, executive, and judicial powers of the Commonwealth as the three separate branches of government. Click here to learn more.

The Constitution includes checks and balances for the exercise of government power to ensure the powers of one branch are not in conflict with those of the other branches. It ensures each body works within its area of responsibility as defined within the Constitution. The doctrine of separation of powers ensures that power isn’t vested in a single set of hands, but is disbursed across three branches of government.

An independent judiciary ensures that court decisions will be based on the nation’s laws and constitution, not on pressure from those with political power. An independent judicial system in a democracy is a safeguard of the people’s rights and freedoms.

iii. Bicameralism is important in a democracy to provide review and a spread of power between the houses

Bicameralism means having two parliamentary chambers to avoid a concentration of power in a single body.

This system divides power between two legislative chambers, providing a safeguard against the abuse of power from one group over another. It also ensures Parliament can hold the government to account by checking or restraining the use of government power. A single chamber (unicameral) does not provide equal representation as the majority of its members may be representatives of the government party who will vote as the government dictates. Unlike the two chambers in a bicameral parliament, which are more effective in keeping a check on government conduct.

A bicameral system also draws on different voting systems thereby increasing representatives in the Parliament. In New South Wales, for example, the members of the lower House represent individual constituencies and are elected according to optional preferential voting, while upper House members represent the entire State according to a system of proportional representation. This means that Parliament represents a wide range of different interests and views, making parliamentary processes more democratic in representing the people it serves.