This is part four in a series. For the full series, go here.
A first step toward identifying ways to salvage a damaged Australian democracy is to think about the kinds of problems we have and categorise them to give us a better understanding of what we’re up against. Let’s try to create a taxonomy of problems in our democracy.
For example, it’s clear that some of the problems we face are common across the western world. Growing electoral polarisation, extremism and tribalism have characterised the politics of a number of democracies for some years — for over a decade, in the case of the United States. If anything, Australia has seen less of that phenomenon than elsewhere, given the lack of polarising issues like Brexit, Trump or illegal immigration in Europe.
One of the causes of greater polarisation and tribalism — growing inequality and economic precarity — is also something Australia shares with other economies, with a decade of wage stagnation for Australian workers, and a reliance on temporary migration of low-skilled workers keeping wages growth down (something, for example, that Boris Johnson has specifically campaigned against in the UK in the aftermath of Brexit).
And of course Australia, like the rest of the world, is suffering the effects of a toxic social media environment and online disinformation. Australia’s media has also suffered a similar fate to media in other western countries, where advertising revenue that once funded public interest journalism is shifting to the tech giants, creating a smaller and more concentrated media.
So we have one category of problems with our democracy: international problems that other, similar democracies are also facing.
There are also problems that reflect deeply embedded features of Australia society. For example, the malapportionment of votes between Tasmania, whose small population is guaranteed five lower house seats, and the ACT and Northern Territory, which have three and two respectively, is a feature of section 24 of the constitution; the malapportionment of Senate spots reflects Commonwealth legislation in regard to territorial Senate representation, which is more easily changed but unlikely without intense controversy.
The lack of protection for human rights is another embedded problem: there is no bill of rights in the Australian constitution protecting citizens from their government, nor an equivalent piece of fundamental legislation to the European Union’s Charter of Fundamental Rights, which is enforced by EU courts. The Australian constitution also doesn’t allow the kind of separation of executive and parliament that is a feature of the US federal system, which provides for a check on executive power.
The hollowed-out nature of our major political parties is a different kind of embedded problem — and one that we also share to a degree with other democracies. What were once mass membership parties with members numbering in the hundreds of thousands now have a few tens of thousands of members at best, reflecting a mass disengagement with civic life that has also seen a massive fall in levels of trade unionisation.
The Australian economy’s heavy dependence on extractive industries also creates a challenge: the mining and fossil fuel sector is comparatively far stronger than in, for example, European economies, and wields significantly more influence over politicians. A key reason for why consistently high levels of support for climate action has never translated into genuine policies to reduce emissions has been the immense power of mining and energy companies and associated trade unions, and their powerful role in the political process.
If these are structural problems — ones that aren’t easily remedied for constitutional, social or economic reasons — in addition to international ones, there are also problems that are part of our political system but which are more easily addressed — if there was sufficient political will, or voters made clear they expected a change from business as usual.
These include our political donations system, which creates “pay for play” politics in which the wealthy and corporations can buy access to and influence over politicians, and our political funding system, in which major parties force people to vote and then reward themselves money for each vote they receive from taxpayers, and combine it with donations to spend on political advertising.
There’s also the related problem of the revolving door between a role within government, and a role within corporations that rely on governments for regulatory or financial favours — particularly the energy industry, which dominates the current federal government.
There’s the lack of appropriate transparency and integrity institutions, such as a federal ICAC, and appropriate transparency laws around donations and contact between politicians and corporations, and the stacking of administrative bodies and statutory corporations with political appointees, along with the politicisation of the public service and the replacement of independent advice from an apolitical public service with advice made-to-order by consultant/political donors.
We could call these systemic problems — complex challenges which are nonetheless resolvable through tools such as legislation, regulation, funding or even voluntary mechanisms such as industry codes of conduct.
Finally, there are what we could call people problems: problems caused by particular individuals, even if they’re enabled by systemic or structural problems. Scott Morrison is atypically deceitful for a politician, and has proved not merely reluctant to enforce basic standards of conduct, but actually attacked integrity bodies. Rupert Murdoch has severely damaged the standard of policymaking and public debate in Australia with a persistent denialism toward science and intense partisanship in favour of the Coalition. And the continuing lack of diversity within Parliament, and particularly within the Coalition parties, has contributed to making politics a toxic environment.
Thus we’ve got a taxonomy now of our democratic problems: we have international, structural, systemic and individual problems. But before we start exploring possible solutions, we should examine areas where our democracy is performing well, and see what lessons we can learn about tackling the problems.
Possibly a minority view but it seems “democracy” is not necessarily always the right answer. For instance many US states elect judges, prosecutors, police chiefs and other public officials resulting in a system that’s bizarre, arguably racist, ineffective and extremely harsh.
I’d argue there are many areas of modern life that need less not more democracy. We laud evidence based policy yet many of our problems stem from politicians ignoring evidence due to donor influence or the ability of a biased media to manipulate voters.
The Brexit vote in the UK and the election of the imbecile Trump are examples of democracy gone seriously wrong. We haven’t gone as far as ludicrous electoral self harm yet. But it’s possible.
Agree Nick. The other factor is competent government. Democratic governments (even real ones) are not always competent. Authoritarian governments are not necessarily competent either. The ideal is to be both democratic and competent.
Unfortunately out government is progressively failing on both – as are Britain and the USA among others.
What is Democratic is the dilemma to what you state as the ideal. There is no single model.
https://www.britannica.com/topic/democracy
But it’s the worst form of government apart from all the others, as they say.
democracy gives a result – is never wrong whether agree with it or not- in US election of judges etc works well – and in the main their judiciary is a better calibre than ours Should read their judgements if you have the time. the reason is because to to stand for and be elected to any of those positions you must have minimal attributes – in Oz you don’t need any qualifications stand for election. accept worked for one of the major parties.
Piffle – highest level of incarceration in the world is a direct result of the system’s dysfunction.
Their incarceration rate is more related to their puritanical background in my opinion, that and not knowing how (or wanting to) integrate ex slaves.
The problem with all systems is that those appointed to high government office are susceptible to corruption. There is no single “correct” system of Democracy and every system needs to meet the needs of the population concerned. Interesting Brittanica article on Democracy including what needs to be considered.
https://www.britannica.com/topic/democracy
I did try to read through your linked entry. I gave up after about 30 screens. Though it was interesting.
It does raise the issues we now struggle with. Particularly the “informed electorate” and “representation” in winner-take-all systems.
The requirement that legislators work for the “common good” is almost laughable in its absence from modern politics.
The three nominally progressive lumps of aggregate – Democrats, Labour and Labor all suffer from an inability/unwillingness to go fully Social Democrat. Unsurprising in the USA but terribly sad in Oz and the UK.
At least we are more representative than the absurd UK though that’s not for lack of trying by our local Tories.
Hi Nick. Our parliamentary democracy is predicated on the belief that the legislature and therefore the people can hold the executive branch accountable, through elections. As you know that’s nonsense, because the legislature itself appoints the executive power – the Prime Minister/Premiers. Under our system of responsible government, the “parliamentary Executive” needs a majority in the House of Reps, or it wouldn’t be the Executive.
What’s been forgotten is that the legislature used to be part of a court, the “High Court of Parliament” to use an old and well-documented phrase. It’s the specialisation and removal of the judges from “Parliament” which has removed the presumption of independence from the legislature. Bringing them back in, through legislators having a duty to act fairly or “judicially” could restore fairness to the legislature, as the link in my post above suggests.
The Fundamental Questions portion is the most salient IME.
Good points Nick. The rule of law preceded democracy in the UK by centuries. It’s the decay of the rule of law, in constitutional and company law for starters, that has led us to our present mess. In short, Parliament is no longer the independent forum it once was, because its function of acting as a court has become specialised and separated from the legislature. And over in company law, the presumption that the separate registration of a company necessarily, inviolably, makes it independent needs to be lifted occasionally, to hold to account those behind corporations.
If that’s all too much detail, here’s one real solution for our political woes. We should accept that judges can restore natural justice in the heart of our political system, by potentially reviewing parliamentary privilege:
https://ukconstitutionallaw.org/2021/11/15/tom-spencer-natural-justice-in-parliament-a-courageous-proposal-prime-minister/
Last evening I avoided the Xmas craziness and watched the 1989 Australian TV movie ‘Police State’. Link is below. The movie outlines the saga of Qld’s corruption 1959 to 1988. The more things change the more they stay the same. Qld gained some improvements in governance thanks to the brave men and women who spoke up.
https://www.youtube.com/watch?v=kDV0bKtkg08
Thanks for that extremely insightful and thought-provoking analysis Bernard. At the end of it I felt quite overwhelmed by the enormity of the problems that we face, not only here in Australia but in the west in general. There is so much to be done to rectify the issues that you have outlined here.
Towards the end or your article you say:
“And the continuing lack of diversity within Parliament, and particularly within the Coalition parties, has contributed to making politics a toxic environment.”
This is a rather cryptic comment that could be interpreted in a number of different ways. I remain unclear as to the specifics of the ‘lack of diversity’ to which you refer. If you mean that we should have more people with a particular ‘religious orientation’ in parliament (I am sure that you get my drift) then I would be vehemently and diametrically opposed to that.
Personally, I have grave reservations that Australians will be in a position to address the issues that you raise en masse until or unless some major event(s) occur that cause a significant proportion of the population to focus more on the things that matter and away from the myriad puerile and trivial distractions that occupy the attention of so many now. The sort of event that I am referring to would be something like another Global Financial Crisis. (This time one that really does affect this country.)
You certainly have my attention right now Bernard and probably the attention of the vast majority, if not all, of Crikey subscribers but unfortunately we are only a ‘drop in the bucket’ when it comes to the overall voting population. Without at least a significant minority calling for major changes of the sort that you, by implication suggest are needed, we are at best, only likely to see a bit of ‘tinkering around the edges’. Of course one small step forward in the right direction might involve the election of the “Voices” Independent Candidates at the next Federal Election and of course the removal of the despicable Morrison Liberal Government.
Diversity? Haven’t you read enough Crikey articles yet to predict the what will pop out of the sausage machine and second?
I too am interested to hear what Bernard has to say on this topic. Fingers crossed it’s something weighty and not just more Lorem Ipsum dolor LNP sit amet, consectetur adipiscing elit Christian Porter, sed do Scotty From Marketing eiusmod tempor incididunt Misogynists!!!
‘Democracy’ is an elastic sort of term. It could be argued that there is no such thing. Poland once had it, with a parliament of 500 representatives, in which no law could be passed unless it was unanimous. Didn’t work! What we need is our sort of democracy, but which is fit for purpose for more of us. We could try proportional representation (as in NZ). And dumping preferential voting.Throw in a bill of rights for us all, and the Uluru thing, plus a few other goodies of which there could be many, and we may have something to be proud of. To be proud of our system of government would be a fine thing.
California has that “democracy”. And Uber used it by paying $200 million to take away worker rights.
https://www.wired.com/story/200-million-uber-lyft-write-own-labor-law/
A major problem w share with the UK and the USA is our Westminster system f government. Winston Churchill declared it the best system of democracy. I think it is one of he worst. The Westminster system is not about achieving good outcomes, but about winning.It is confrontational, rather than collaborative, It replaces trust with fear.
The northern European democracies are mostly collaborations between parties which value good outcomes, like social services, education, and low inequality, and are prepared to have taxes pay for them.
As a social justice guru once observed to an American audience: “If you want to live the American dream, you should move to Finland”.
yep -move from a population of 300+ million to a population of 3 million. Same as saying move from the sewer that is Sydney to a small country town west of the Blue mountains-things are different