Tuesday, September 10, 2013

The vexed issue of ‘Mandate’

The Australian election has just played itself out over the last weekend and today we are already hearing the claim that the winners in the House of Representatives have a mandate for all their policies and the Senators should just support them.  This is a common theme just after an election and not just from one party or group.


For those not up on the Australian system, it is similar in many ways to the US system.  There are two houses of parliament, a lower house or House of Representatives and an upper house of review called the Senate.  The Senate is notionally a state house, and each state selects an equal number of senators by proportional representation using a preferential voting system.

Half of the Senate and all of the House of Representatives are elected every three years.  By convention these elections are held concurrently even though the timing of elections is determined by separate rules.  To overcome the problem, the newly elected members of the senate take their seats in accordance with the timing of the Senate Election, which may be up to seven or eight months after the election.  In the meantime, the old Senate sits.


In a similarity with the British House of Commons, the Prime Minister is the person who can command a majority on the floor of the House of Representatives, while the Head of State is the Governor General, representing the Queen of Australia (who is also Queen of England).


As a result of this arrangement, the Prime Minister is the key political figure in Australian politics.  The now Prime Minister elect, Tony Abbott, campaigned on the policy of abolishing the Carbon Trading scheme, which he called a carbon tax.  Now that he has been elected he is claiming a “mandate” for the abolition of the carbon tax and demanding that the senate, still dominated by parties supporting the Carbon Trading scheme, respect his mandate and pass the legislation abolishing the scheme.


This argument is flawed.  It is built around the concept of winner takes all democracy, which has emerged in the House of Representatives due to the ability of the dominant party to force its legislation through based on numbers.  The current government elect in the House of Representatives received about 53% of the total popular vote, but closer to 60% of the seats. The Senate is, however, a house of review, and due to its proportional representation voting system usually represents the actual split of the electorate more accurately that the House of Representatives.  Further, the conservatism driven by the longer appointment period and the half senate elections each three years means that the Senate does not represent the hot issue of the day, but a longer term average of community opinion.


If a member is elected to either house, it is incumbent on that person to vote according to the policies (s)he proclaimed during the election process.  There is no reason why a senator should change her /his position based on the outcome of the election in the lower house.  Otherwise, there would be no reason to have a senate.


The argument that the Government has a mandate and Senators must support this mandate in the Senate is a logical fallacy, but what else would you expect from politicians?