Factors that Influence Lawmaking - Representative Government

Question 1

Representation

Answer 1

• Acting or speaking on behalf of individuals or groups of people

Question 2

Make up of 2022 parliament

Answer 2

• 2002 = 26% of parliamentarians were women, in 2022 = 44%
• 2002 = 25% of filled seats in HoR were women, in 2022 = 38%
• 2002 = 28% of filled seats in Senate were women. in 2022 = 57%
• 2002 = 0.4% of parliament were FNP, in 2022 = 4.4%
• 2002 = 0.9% LGBTQIA+, in 2022 = 4.4%
• 7.6% aged under 40, while 28% of whole population is under 40

Question 3

3 factors that affect lawmaking ability

Answer 3

• Willingness to act in accordance with the views of the majority
• Reflecting the community and diverse representation
• Regular elections

Question 4

‘Reflecting the community and diverse representation’ explanation

Answer 4

• There is often an issue that the lack of diversity in the composition of our members of parliament can impact their ability to reflect the voices and needs of the community
  
  • An MP with the best intentions of representing their community may like the lived experiences of certain demographics and will likely be unable to fully represent their community and lawmaking
  • Also, because MPs do not need to reside in the community they are elected to represent, this can impact our awareness of local knowledge on key issues
• However, methods can be used to communicate with their local member, such as petitions or demonstrations
• Formal law reform bodies such as Australia Law Reform Commission can be used to gauge the views of the community to ensure they are represented

Question 5

‘Regular elections’ explanation

Answer 5

• Regular elections are held to enable the Australian people to elect members to represent them in Parliament frequently
• This ensures MPs are mindful to act in the best interests of the people as a failure to do so will increase the risk of them being voted out
• Compulsory voting can also ensure that the elected representatives represent almost the entirety of the population
• A relatively short period in office, such as three years for the Commonwealth, ensures that pressure is placed on the government to efficiently make legislation that is intended to improve society

Question 6

1 example of proposed law reform

Answer 6

• Victoria has proposed to extend the expiration date of family violence safety orders
  
  • This should help to protect victims for longer and prevent trauma
  • Due to a large amount of family violence victims being women, the increased female representation can provide a more accurate perspective

Question 7

Strengths of the representative nature of parliament

Answer 7

• Regular elections place pressure on MPs to represent the views of their constituents so they do not get voted out, and also holds them accountable to ensure they reflect the views of their voters
• The increasing number of women elected to Parliament has closed the gender divide and improved the ability of Parliament to reflect the composition of society
• Compulsory voting ensures a large proportion of individuals in Australia participate in elections and that parliaments are comprised of MPs elected by many people
• Processes such as question time allow for community values to be considered in the law making process, which improves the quality of lawmaking and society as a result

Question 8

Weaknesses of the representative nature of parliament

Answer 8

• Longstanding disparities in representation have consistently affected the parliament’s ability to fully account for certain demographics
• Members of Parliament may not vote for law reforming areas where vocal minority groups are against the law out of fear of not being reelected
• MPs may feel compelled to vote with their political party rather than in line with the desires of their electorate reducing the representation of their constituents views
• To retain voters, parliament may pass legislation that appeals to certain groups and gain voter support as opposed to legislating for the entire community
• A political term of three or four years may not be long enough for productive legislative activity and reform to occur, which means shallow election promises may be made to remain elected