T2 HASS MIDTERM

19/05/2025

Separation of Powers

Australia divides power into three independent branches to prevent abuse and ensure accountability:

Legislative (Parliament): Enacts laws at federal and state levels.
Executive (Prime Minister & Cabinet): Implements and administers laws.
Judiciary (High Court & lower courts): Interprets laws and can invalidate legislation that exceeds constitutional authority.

In contrast, North Korea’s single ruling body (the Supreme People’s Assembly) controls law‑making, execution and judicial appointments, removing any real checks or balances.

Representative Democracy

Citizens choose representatives to govern on their behalf through free elections. In Australia, all citizens aged 18 and over vote in single‑member electorates; the party or coalition that secures a majority of seats in the House of Representatives (at least 76 of 151) forms the government. This system ensures that elected officials reflect the electorate’s will. In China, by contrast, the National People’s Congress exists with CCP‑approved candidates only, making it a de facto one‑party rubber stamp rather than a genuine representative body.

Constitutional Limits & the Role of the Constitution

Australia’s Constitution is the supreme “rule‑book” that:

Defines federal powers (Section 51) and reserves all others to the states.
Establishes separation of powers and grants the High Court power to strike down (“ultra vires”) any law beyond Parliament’s authority.
Explicitly protects certain rights (trial by jury, free interstate trade, religious freedom) and implicitly safeguards freedom of political communication through High Court interpretation.

North Korea’s constitution nominally grants freedoms but in practice the same party body makes, enforces and reviews all laws, so no genuine limit on power exists.

Constitutional Monarchies: Democratic & Non‑Democratic Features

A constitutional monarchy combines a hereditary head of state with democratic institutions under a written constitution:

Democratic Elements:
- An elected parliament makes laws and holds the executive to account.
- Monarch’s powers are ceremonial and exercised only on elected government advice.
- Independent courts review government actions for constitutionality.
- Regular, free and fair elections determine legislative membership.
Non‑Democratic Elements:
- The monarch is not elected and cannot be removed by popular vote.
- Some high‑level appointments (e.g. certain judges or upper‑house seats) may require royal approval.

Australia, Japan and Thailand follow this pattern, whereas North Korea’s system features an “absolute leader” chosen by party elites, with no hereditary tradition or constitutional limits.

Why Voting & Elections Alone Aren’t Enough

A healthy democracy requires more than simply holding elections:

Rule of Law: Laws must be publicly known, clear, stable and applied evenly—not subject to arbitrary change by those in power.
Independent Judiciary: Courts must be free from executive or legislative interference, able to strike down unconstitutional acts and protect individual rights.
Free Press & Expression: A diverse, independent media landscape and the right to peaceful assembly ensure citizens receive accurate information and can hold leaders to account.
Protection of Minorities: Safeguards (constitutional or statutory) must exist so that majority decisions cannot trample minority rights.
Active Citizen Engagement: Beyond voting, citizens participate through petitions, public consultations, protests and civic organisations, sustaining accountability between elections.

In Australia, the Australian Electoral Commission enforces voting rules, the High Court upholds constitutional limits, and media laws protect press freedom. In North Korea, by contrast, the one‑party state controls elections, courts and media, banning any independent political activity.

Comparing Australia’s Government to China’s

Feature	Australia	China
Elections	Regular multi‑party elections, secret ballots	Single‑party, CCP‑approved candidate lists
Separation of Powers	Distinct branches with judicial review	Judiciary subordinate to Party, no independent review
Civil Liberties	Protected freedoms of speech, assembly and religion	Strict controls on speech, assembly and religion
Media Freedom	Independent media, regulated to ensure accuracy	State‑owned/controlled media, pervasive censorship

Rule of Law & the Judiciary

Australia’s rule of law means everyone—including government officials—must obey the law. An independent judiciary interprets statutes and the Constitution, striking down any laws or actions that exceed legal authority. This ensures accountability, protects minority rights and maintains the federal balance. North Korea’s judiciary, by contrast, answers directly to the ruling party, with no genuine legal constraints on the leadership.

Rights & Freedoms in Australia

Australia protects a suite of rights through its Constitution and statutory laws, enforced by independent courts:

Trial by Jury (serious criminal cases).
Freedom of Religion (no state church).
Implied Freedom of Political Communication (High Court‑established).
Trade and Commerce Guarantee (free movement of goods and services between states). These rights are subject to lawful limitations but cannot be removed without constitutional amendment.

Republic Systems vs Communist Republics

Republic System (e.g. United States, India):
- Head of state elected (president or governor‑general).
- Written constitution outlining separation of powers.
- Independent judiciary.
- Protected civil liberties and multi‑party competition.
Communist Republic System (e.g. North Korea):
- One party controls all branches of government.
- State‑owned economy with collective property.
- Elections exist but offer no meaningful choice.
- Political pluralism and civil liberties are severely restricted.

“Full Democracy” (Australia) vs “Authoritarian Single‑Party State” (North Korea)

Australia (Full Democracy):
- Genuine multi‑party competition, secret ballots and high voter turnout.
- Strong separation of powers with judicial review.
- Free media, active civil society and legal safeguards for minority rights.
North Korea (Authoritarian Single‑Party):
- No real electoral competition; single‑party control of candidate selection.
- Courts and legislature serve the ruling party’s agenda.
- Total media censorship; public dissent is illegal and harshly punished.

Threats to Democracy in Australia

Populism: Claims to “represent the people” against “corrupt elites” and may sideline institutions and minority protections.
Identity Politics: When political mobilisation focuses on exclusive group identities, it can fracture social cohesion and undermine national dialogue.
Terrorism: Violent acts create fear, justify emergency laws and risk eroding civil liberties if unchecked.
Media Digitisation & Social Media: While social platforms can mobilise civic action, they also enable rapid spread of misinformation and echo chambers that polarise voters.
Distrust and Indifference: Declining trust in institutions and low civic participation weaken the legitimacy and effectiveness of democratic governance.
Vested Interests: Powerful lobby groups and large donations can distort policy-making in favour of narrow interests rather than the public good.