Posted: May 14th, 2015

Law :Method of voting for Members of Parliament

Read together, sections 7, 9 and 51(xxxix) of the Constitution gives the Parliament the power to prescribe the method of voting for members of the
Senate, provided that method permits voters a free choice among the candidates for election. The result of the Senate election in 2013 has sparked
debate about how representative the current system is because the distribution of preferences delivered Senate seats to parties with a very low primary
vote. Proposals for reforming the senate voting method have focused on the introduction of an optional preferential system of voting for the Senate to
replace the current system where voting by the majority of voters ‘above the line’ largely restricts the distribution of preferences to the choices and deals
made by the candidates.
a. Discuss and compare the current system of electing the members of the Senate with an optional preferential system and critically analyse
the difference(s) and

b. Which voting method for the Senate best advances the objective of representative government contained in the Constitution and how? and
While a right to vote has been found to be entrenched in the constitution through the use of the words ‘chosen by the people’, do you think
the method of voting for the Senate should also be constitutionally entrenched, limiting the power of the Parliament to determine and
change the method of electing the Senate and require a constitutional amendment approved by the people under the terms of s.128?
c.
In completing the essay you should consider the historical purpose of the Senate, who has the power to determine the electoral system and its design
and what constitutional problems can be identified as arising from the Senate election in 2013, particularly the success of ‘micro-parties’.