Balancing Legislative and Executive Representation

Current parliamentary systems provide legislative and executive capability but do not strike a perfect balance of representing the will of the people, while providing effective and efficient government.
Introduction

There has been an ebb and flow for generations in opinion about the forms and benefits of legislative bicameralism and the balance of power between the legislative and executive branches of government.

A parliamentary system should:

A solution has never been implemented that appropriately balances these interlocking requirements, here is a suggestion.

Legislative Review

A bicameral parliament is the only demonstrated mechanism that provides sufficient legislative review within a democracy. The composition, size and responsibilities of the two houses needs to be determined.

The Will of the People

The will of the people should be manifested through a legislative assembly that best represents the different and complex viewpoints of the electorate. To achieve this representation, the legislative assembly should be constructed utilising proportional representation and preferential balloting.

It is clear from Senate elections in Australia that 12 representatives in an electoral district is too few to overcome the inertia of the major parties, and from Knesset elections in Israel that 120 is far too many. A balance needs to be struck that permits minority viewpoints to be heard without paralysing the legislative process.

The Role of Women in the Political Process

Although universal suffrage swept most of the democratic world early last century, essentially every aspect of political process from pre-selection through election to the operation of parliament has been designed and developed by men competing with other men. When women run for public office they do not share a level playing field in this mans game, and the female public by and large only have the opportunity to vote for which male should represent them.

To fully enfranchise women I propose (a) that the legislative assembly consist of equal numbers of men and women; and (b) that election should be gender-specific - men should vote for men and women for women.

Executive Power

There is a valid line of logic that a government needs a mandate, and pretty much any mandate is better than no mandate at all. To achieve this, systems for electing executive positions typically disavow proportional representation and electorates have one member and may not provide preferential balloting.

If the legislative assembly inherently represents the will of the people through proportional representation, then executive power - the role of government (including opposition) - should be vested in the Senate, with an electoral system that ensures that at any given time it should be dominated by one of the major parties.

The Composition of the Legislative Assembly

The total electorate should be divided into five regions of equal population, divided as much as possible between dissimilar interests, such as urban versus rural and regional Australia; and haves versus have nots. The regions need not be physically contiguous.

Each electoral region should elect 30 representatives, 15 men and 15 women, for a total of 150. Voting should be by preferential balloting, providing the opportunity for minority viewpoints to be heard where they represent more than 6% of generally held opinion.

A Legislative Bill should obviously require a majority of votes to pass, however a discussion would be worthwhile to analyse if an absolute majority or a 60%-or-so super-majority would be an improvement over the more usual relative majority.

The Composition of the Senate

Each state and territory should divide their total electorate by the number of allocated Senate seats to elect one representative in each region. Preferential balloting should be utilised to allow for gradual change in the balance of power between several major parties.

To maximise effectiveness a Senate Bill would require a relative majority of 50% to pass.

Conclusion

This proposed political structure incorporates only a small number of subtle changes to the current Australian system, with significant potential benefits. Attempting to implement them at a federal level would require a constitutional amendment to be proposed by a Government and then accepted by the people through a referendum. With no established precedent that is virtually impossible.

State and territory legislatures offer a more suitable proving ground since, within some limits, changes can be instituted through legislation alone and have far less reaching effects.

Permalink, Balancing Legislative and Executive Representation, May 2006, WhatSenate
cam: Some comments/observations:

By proportional voting you mean multi-member districts right? I wouldn\'t have a problem with that. The Tasmanian electoral system seems to produce both majority and minority government outcomes. Though I am inclined to think that the robson rotation is a critical piece of electoral technology down there.

I disagree with the quotas for men and women, and cross-sex voting. Elected politicians are supposed to be specialists who operate with the confidence of the public. If I am to have a neuro-surgeon (an extreme form of labor specialisation) operate on my brain I don\'t care what sex they are, only that they are competent.

I don\'t think forcing a 50% female parliament will stop some of the legislative violence toward women either. Females are just as capable of being christian asshats as men are.

A better technology for getting a more representative sample of the population is sortition .

I don\'t think that putting executive power in the Senate will give you the outcome you desire, especially in terms of separation of powers and legislative accountability. By putting the Executive in the Senate, the system becomes a proxy-unicameral one.

A bicameral works when informal/formal executive power is in the House, and the Senate keeps tabs on the Executive (PM/Cabinet) through commissions, inquiries, counter-legislation etch etch.

Even though Australia pollutes that separation of powers by allowing Senators to be in the Cabinet and Outer-Ministry (a neat trick to put Senators under Executive discipline), the Executive power is largely separated from the house so it can act as an independent check. The problem is, party discipline can destroy a separate but equal system.

I don\'t have a problem with super-districts at the federal level. At the state level where politics needs to be more local I would, but at the federal level where representatives are (supposedly) pursuing national goals, I don\'t think granular representatives matter so much.

Thanks for posting.

cam
adam: Powerful Senators: So basically your hope is by beefing up the mandate of Senators, you make them more powerful and independent of their parties? Certainly seems to work that way in the US. Of course without as much allegiance to the party machine, they might have more need of US-style lobby support as well.

Would you still follow the convention that the PM came from the Lower House?

With your non-geographic multi-member lower house electorates, what criteria do you expect to be used? Eg are you planning electorates by income tax bracket, football team, or what?
avocadia: Subtle changes?:

A small number of subtle changes? Well, I guess so. Basically the House has become the Senate and the Senate has become the House. Of course, the regions in the proportional house are different to what exists now, and you\'ve (ever so fractionally) reduced the potency of a woman\'s vote compared to a man\'s, since there are more women than men in Australia but equal representation. Nevermind the explicit denial of a meritocracy in pre-empting the gender split. I guess I could live with all that, except the changes also dictate to me who I may vote for, or at least who I may not vote for.

I don\'t mean to sound hostile, because as I said, what you\'ve written has some interesting ideas. I just feel that the limitation on who I may vote for is a deal-breaker for me. It is out-and-out anti-free-association. What\'s more, to enforce it would mean the end of the secret ballot, as the AEC would have to monitor who I voted for.

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