One Vote One Value
The Labor Government in Western Australia recently introduced legislation which would amend the Electoral Distribution Act 1947 (WA), which would in effect result in a redistribution of electoral boundaries and result in what is popularly known as 'one vote, one value'.This is the second time that the Labor Party has sought to introduce legislation of this nature into the Western Australian Parliament, and on both occasions the legislation has been found to be invalid by the High Court of Australia.The difficulty that the Labor Party has faced in having this Bill approved by the High Court is a result of the Electoral Distribution Act 1947 requiring an absolute majority in both houses of parliament before the Bill can be assented.The debate in Western Australia about this Bill has been characterised by passionate and at times vitriolic exchanges. Given the nature of the debate the core issues at stake have been misrepresented by all parties. Arguably the most important question is how does the 'one vote, one value' principle either enhance, or diminish our understanding of the concept of a representative democracy.The Composition of the Western Australian Parliament
" (10)Ironically the effect of 'one vote, one value' legislation in Western Australia will arguably have this effect on the National and Liberal Party. Further, given the importance that this group has in the economic welfare of the state, their interests should be properly represented. For "how can the democratic nature of our parliamentary institutions offer protection to a minority against a putative 'oppressive majority in Parliament', given that the democratic nature of our Parliament consists of majority rule restricted only by the principles which guarantee its genuine majoritarianism. The High Court has in interpreting the Constitution established a precedent of implying and protecting the essential elements of a representative democracy. In Australia the High Court has found that the Constitution has, amongst other implied rights, found the protection of minority groups' freedom, such as the freedom of association or expression such as the Communist Party Case and the freedom of speech. There can be no issue that the distribution and weighting of votes in Western Australia is malapportionment. Up until 1987 the Upper House went through changes in the terms, but finally it was decided that it should remain a fixed 4 years, with all members retiring at the same time for an election. "(5) In Western Australia the variance in voting weight can be understood by the following figures: "non-metropolitan electorates account for 26% of voters but over 40% of the seats in the Legislative Assembly. " (2) In the United States the Bill of Rights has been used as a tool for the protection and promotion of minority groups. This diversity is not limited to the groups as mentioned, however these groups tend to have a recognisable structure. Although different to malapportionment the effect is the same in that the weight of an electors vote is reduced. Representative Democracy - what does it mean?Representative Democracy is a form of democracy in which the people indirectly govern the state by electing representatives. Interestingly, in the United States the Supreme Court had to consider whether gerrymandering had occurred and if so what test was used to make that decision. The High Court has by necessity implied these elements primarily due to the fact that Australia does not have a Bill of Rights. Western Australia was granted representative government in 1890 when parliament was first formed into the Upper and Lowers houses.
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