ATARMAxxing · TCE Year 11 Legal Studies revision notes

Principles of liberal democracy

Part 1: Principles and Practices of Australia’s Westminster Parliamentary System of Government · Part 1, 1.1: An introduction to the principles of liberal democracy
P1 · Part 1, 1.1: An introduction to the principles of liberal democracy

What this note covers

  1. What a liberal democracy is, and legitimate authority
  2. Separation of powers
  3. Rule of law and human rights
  4. Procedural fairness and pluralism

4 sections · 10 key terms & formulas · 5 common mistakes

Free sample

A liberal democracy is a system of government in which political power comes from the people and is exercised within limits that protect individual freedom. The word democracy refers to rule by the people, usually through elected representatives. The word liberal refers to the tradition of restraining state power so that individuals keep freedoms that a government cannot simply remove. Australian government, at both Commonwealth and Tasmanian level, is built on these ideas.

The TASC course groups them into six principles: legitimate authority, separation of powers, rule of law, human rights, procedural fairness and pluralism. The principles are not separate boxes. Each supports the others, and together they form the yardstick against which you will judge Australian institutions in every later part of the course.

Legitimate authority means that people accept a government’s right to make and enforce laws because that power was gained in a fair and open way. Its elements are free, frequent and fair elections; open and competitive selection of office holders, so that any eligible citizen may stand and compete for votes; and a mandate from the popular vote under universal suffrage, meaning all adult citizens may vote regardless of wealth, sex or race.

Behind these elements sits social contract theory, associated with thinkers such as John Locke: citizens give up some natural freedom and agree to obey laws in return for the protection of their rights, and a government that breaks that bargain loses its claim to obedience.

In Australia, elections are run by independent electoral commissions, the Commonwealth Constitution requires both houses to be ‘directly chosen by the people’, and enrolment and voting are compulsory for eligible adult citizens in federal elections and referendums. House of Representatives terms last at most three years. Tasmania’s House of Assembly is elected by the Hare-Clark proportional system, which lets several candidates from different parties win seats in each electorate.

Worked example. Question: Explain how compulsory voting relates to legitimate authority. Model answer: Legitimate authority depends on a mandate from a popular vote under universal suffrage. Compulsory voting means nearly all eligible adults take part, so a government can claim a mandate drawn from the whole adult population rather than from a motivated minority. A counter-argument is that compulsion limits individual freedom, itself a liberal value, although a voter may still lodge an informal ballot. Linking the principle (mandate), the Australian example and the qualification is what lifts this from ‘describe’ to ‘explain’.

Common questions

What does the TCE Year 11 Legal Studies note "Principles of liberal democracy" cover?

This note has 4 sections on Principles of liberal democracy. It includes 10 key terms and formulas, plus 5 common mistakes. It covers P1, Part 1, 1.1: An introduction to the principles of liberal democracy. The full section list is shown under “What this note covers”.

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