scholarly journals Does the Commonwealth Electoral Act Satisfy the Requirement That Representatives Be ‘Directly Chosen’ by the People?

2016 ◽  
Vol 9 (4) ◽  
pp. 78
Author(s):  
Bede Harris
Keyword(s):  
Western Australia ◽  
House Of Representatives ◽  
Attorney General ◽  
Electoral System ◽  
Vote System ◽  
Representative Government ◽  
Minor Parties ◽  
Voter Preferences ◽  
The People ◽  
Accurate Reflection

<p>The electoral system embodied in the Commonwealth Electoral Act 1918 (Cth) is notable for its startling unfairness to voters who support minor parties. This article argues that the disparity between voter preferences and the allocation of seats in the House of Representatives means that the electoral system cannot be said to provide for the election of members ‘directly chosen by the people’, as required by s 24 of the Constitution, and is therefore open to challenge. Although challenges to the electoral system in Attorney General (Cth); Ex rel McKinlay v Commonwealth and McGinty v Western Australia were unsuccessful, dicta by majorities in both cases support the argument that at some point – albeit unstated by the courts in those cases - an electoral system will be so unrepresentative as not to be consistent with s 24. Subsequent decisions in Roach v Electoral Commissioner and Rowe v Electoral Commissioner, to the effect that franchise laws must be appropriate and adapted to the system of representative government, also provide grounds for a constitutional challenge to the current electoral system. The article ends with a discussion of the criteria to be used to determine what system would be consistent with direct representation of the people, and argues that the Single Transferrable Vote system satisfies the requirements of accurate reflection of voter sentiment and provision to voters of identifiable local representatives.</p>

Our Bungling Electoral System

1917 ◽  
Vol 11 (4) ◽  
pp. 685-710
Author(s):  
Joseph Cady Allen
Keyword(s):  
House Of Representatives ◽  
Presidential Election ◽  
Majority Vote ◽  
State Legislatures ◽  
Electoral System ◽  
Vice President ◽  
Electoral College ◽  
Present System ◽  
The People

According to popular parlance, we elect a President and vice-president, on the Tuesday following the first Monday of November of each fourth year, by vote of the people. It is well known however that, technically speaking, we do not choose these officers on that day or at any time by popular suffrage. Instead of that, we choose in each state a committee that is called the electoral college; and these electors meet on the second Monday of January and elect the President and vice-president by ballot. The theory of the Constitution is that these electors are not to be pledged or obligated to vote for any particular person, but that they and not the people shall really make the choice.But, practically from the start, and contrary to the expectation of those who framed the Constitution, the choice of President and vice-president was seized by state legislatures and afterwards transferred to the people, through the device of appointing electors that were virtually pledged to designated candidates. So the electoral colleges have failed of their purpose and become a useless complication. And not only are they useless, but objectionable also and dangerous in many and serious ways.This paper will endeavor to show that our present system of presidential election is bad in every step of the process, viz. in a. the appointment of the electors, b. the membership and proceedings of the electoral colleges, c. the count of the vote in congress, d. the interval between the election and the time when the President takes office, and e. the election by the house of representatives in case the electors fail to give a majority vote to any candidate.

scholarly journals SUCCESSIVE ELECTION OF REGIONAL HEADS: A COMPARISON STUDY OF THE STATE CONSTITUTIONS OF MAJAPAHIT, INDONESIA, AND THE UNITED STATES

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Wahyu Hindiawati ◽  
Wiwik Utami ◽  
Dian Utami Ikhwaningrum ◽  
Ika Kusumaning Wardhani ◽  
Devita Rosa Salsabila
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Electoral System ◽  
The United States ◽  
Representation System ◽  
Reform Era ◽  
State Constitutions ◽  
The People ◽  
Democratic Principles ◽  
Representative System

A constitution is a written regulation and a state convention (state administration) that determines the composition and position of state bodies, regulates relations between the bodies, and regulates the relationships between these bodies and the citizens. The enactment of a constitution as a binding fundamental law is based on the highest power or the principle of sovereignty adopted by a certain country. If the country adheres to the notion of popular sovereignty, then the source of the legitimacy of the constitution is the people. If monarchical sovereignty is applied, then the monarch will determine whether or not a constitution may be enforced. A constitution also contains regulations for the election of regional heads. Regional head elections are one of the characteristics of a state that applies democratic principles. This study aims to analyze the election of regional heads by comparing the constitutions of Majapahit, Indonesia, and the United States of America. The method used in this research is normative juridical, namely by reviewing the norms of Constitution, laws and other sources of legal material, including journals. The results of this research are that regional heads in Majapahit were directly elected by the Prabu (King). It was a District/majority representative system since the regional heads were directly elected by the king, an Organic and Non-Democratic electoral system. Whereas in Indonesia, regional heads (Governors, Regents and Mayors) are democratically elected, elected directly by the people or by the Provincial, Regential and Municipal House of Representatives (district representation system based on the majority and balance). However, in the reform era, the legislators interpreted the democratic system as direct election by the people. The electoral system is mechanical, organic and democratic. In the United States, the Head of State is directly elected by the people but at the discretion of the legislature, hence the representative system is a balanced representation system. The electoral system is organic and semi-democratic. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0754/a.php" alt="Hit counter" /></p>

Georgia's Proposed New Constitution

1945 ◽  
Vol 39 (3) ◽  
pp. 459-463
Author(s):  
Albert B. Saye
Keyword(s):  
House Of Representatives ◽  
Attorney General ◽  
Public Affairs ◽  
The State ◽  
General Assembly ◽  
Court Of Appeals ◽  
University Of Georgia ◽  
The People ◽  
Speaker Of The House ◽  
The Government

Fully as interesting as the provisions of the proposed new constitution that will be submitted to the voters of Georgia at a special election on August 7, 1945, is the method by which the document was framed. The constitution of the state now in force, adopted in 1877 soon after the state was freed from carpet-bag rule, is a long and complicated document, filled with detailed limitations on the government, particularly in the field of finance. As a result of the inclusion of numerous provisions statutory in nature, the document has been amended three hundred and one times in a period of sixty-eight years. Recognizing the need for a new constitution, the Institute of Public Affairs of the University of Georgia drew up A Proposed Constitution for Georgia in 1931. This document proposed a thorough revision of the structure of the government, including such radical changes as the substitution of 30 districts for the existing 161 counties as the basis of representation in the General Assembly. The widespread publicity given the document served to stimulate interest in constitutional revision, and most of the press of the state, notably the Atlanta Journal, has in recent years actively supported the movement.In March, 1943, the General Assembly passed a resolution, sponsored by Governor Ellis Arnall, providing for a commission of twenty-three members to revise the constitution. The commission was to be composed of the governor, the president of the senate, the speaker of the house of representatives, three members of the senate appointed by the president, five members of the house appointed by the speaker, a justice of the supreme court designated by the court, a judge of the court of appeals designated by the court, the attorney general, the state auditor, two judges of the superior courts, three practicing attorneys-at-law, and three laymen to be appointed by the governor. The resolution provided that the report of this commission should be submitted to the General Assembly either in the form of proposed amendments to the constitution or as a proposed new constitution, to be acted upon by the General Assembly and submitted to the people for ratification or rejection.

scholarly journals KEDUDUKAN SERTA FUNGSI DPR DALAM SISTEM KETATANEGARAAN NEGARA REPUBLIK INDONESIA

2020 ◽  
Vol 3 (2) ◽  
pp. 124-130
Author(s):  
Muchlisin Muchlisin
Keyword(s):  
Institutional Theory ◽  
House Of Representatives ◽  
Electoral System ◽  
Theory Approach ◽  
Administration System ◽  
Research Results ◽  
Legislative Power ◽  
The People ◽  
State Administration ◽  
And Function

The Indonesian state has institutions as a reflection of democracy. Which puts people as the holders of sovereignty. The institution is the house of representatives which is incorporated in the legislative power. In determining the membership of the house of representatives, it remains through the electoral mechanism using the electoral system or the election. This research uses normative juridical research by studying the source of primary law and the source of legal sequences that are either legislation or research results to be carried out an institutional theory approach. The institution has the duty and function in the part of the indonesian state administration system to represent the aspirations or interests of the people. In addition to the duties and function of these institutions have rights that are not owned by other institutions.

Silence of the Land: On the Historical Irrelevance of Territory to Congressional Districting and Political Representation in the United States

2001 ◽  
Vol 15 (01) ◽  
pp. 53-87 ◽  
Author(s):  
Andrew Rehfeld
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Political Representation ◽  
The United States ◽  
Representative Government ◽  
Congressional District ◽  
Congressional Districts ◽  
Communities Of Interest

Every ten years, the United States “constructs” itself politically. On a decennial basis, U.S. Congressional districts are quite literally drawn, physically constructing political representation in the House of Representatives on the basis of where one lives. Why does the United States do it this way? What justifies domicile as the sole criteria of constituency construction? These are the questions raised in this article. Contrary to many contemporary understandings of representation at the founding, I argue that there were no principled reasons for using domicile as the method of organizing for political representation. Even in 1787, the Congressional district was expected to be far too large to map onto existing communities of interest. Instead, territory should be understood as forming a habit of mind for the founders, even while it was necessary to achieve other democratic aims of representative government.

Minimalinvasiv oder wirksam? Debattenbeitrag zur Novellierung des Bundeswahlrechts vom Oktober 2020

2021 ◽  
Vol 52 (3) ◽  
pp. 675-684
Author(s):  
Johannes Krause
Keyword(s):  
Political Parties ◽  
Electoral System ◽  
Vote System ◽  
The Political ◽  
Local Elections ◽  
Standard Size ◽  
National Parliament ◽  
System P ◽  
Voting System ◽  
The Way

Despite the 2020 reform of Germany’s national parliament voting law, the debate about a robust voting system has not ended . Träger and Jacobs have convincingly shown that Naun­dorf’s suggestion to introduce a parallel voting system creates more problems than it solves, and thus more far-reaching approaches have to be considered . One way to stop the Bunde­stag from growing is to reject the two vote-system . Comparable to the system of Thuringia’s local elections, with open lists and three votes per voter, both the standard size of the Bun­destag can be safely adhered to and at the same time a personalized proportional represen­tation can be maintained . Among other advantages, the voters would have greater influence on the personalized composition of the Bundestag . In particular, reservations on the part of the political parties could stand in the way of such a sustainable solution to the ongoing problems with the German electoral system .

scholarly journals Political Theory of Populism

2019 ◽  
Vol 22 (1) ◽  
pp. 111-127 ◽  
Author(s):  
Nadia Urbinati
Keyword(s):  
Political Culture ◽  
Political Theory ◽  
Popular Sovereignty ◽  
The Political ◽  
Representative Government ◽  
Constitutional Democracy ◽  
The People ◽  
Democratic Societies ◽  
Democratic Principles

Populism is the name of a global phenomenon whose definitional precariousness is proverbial. It resists generalizations and makes scholars of politics comparativist by necessity, as its language and content are imbued with the political culture of the society in which it arises. A rich body of socio-historical analyses allows us to situate populism within the global phenomenon called democracy, as its ideological core is nourished by the two main entities—the nation and the people—that have fleshed out popular sovereignty in the age of democratization. Populism consists in a transmutation of the democratic principles of the majority and the people in a way that is meant to celebrate one subset of the people as opposed to another, through a leader embodying it and an audience legitimizing it. This may make populism collide with constitutional democracy, even if its main tenets are embedded in the democratic universe of meanings and language. In this article, I illustrate the context-based character of populism and how its cyclical appearances reflect the forms of representative government. I review the main contemporary interpretations of the concept and argue that some basic agreement now exists on populism's rhetorical character and its strategy for achieving power in democratic societies. Finally, I sketch the main characteristics of populism in power and explain how it tends to transform the fundamentals of democracy: the people and the majority, elections, and representation.

scholarly journals The Career Length and Service of Female Policymakers in the US House of Representatives

2016 ◽  
Vol 53 (3) ◽  
pp. 437-460 ◽  
Author(s):  
Rodrigo Praino ◽  
Daniel Stockemer
Keyword(s):  
Gender Gap ◽  
House Of Representatives ◽  
Electoral System ◽  
The Political ◽  
Political Careers ◽  
Men And Women ◽  
Representation Of Women ◽  
Career Length ◽  
The Us ◽  
Using Data

Various studies have outlined the institutional (e.g. the existence of quota laws and the electoral system type of a country) and non-institutional factors (e.g. the political culture of a country) that account for variation in women’s representation, in general, and, in more detail, the low representation of women in the US Congress. However, no study has, so far, compared the Congressional career paths of men and women in order to understand whether this gender gap in representation stems from a difference in terms of the duration and importance of the careers of male and female policymakers. Using data on all US House elections between 1972 and 2012, we provide such an analysis, evaluating whether or not the political careers of women in the US House of Representatives are different from the political careers of their male counterparts. Our findings indicate that the congressional careers of men and women are alike and, if anything, women may even have a small edge over their male colleagues.

Text of Resolution Which Entered the United States into World War

1917 ◽  
Vol 85 (17) ◽  
pp. 455-456
Keyword(s):  
United States ◽  
House Of Representatives ◽  
United States Of America ◽  
The United States ◽  
World War ◽  
German Government ◽  
The People ◽  
Successful Termination ◽  
The World ◽  
The Government

The following is the text of the resolutions which officially entered the United States into the world war:— “Whereas the imperial German government has committed repeated acts of war against the government and the people of the United States of America; therefore be it “Resolved by the Senate and House of Representatives of the United States of America in congress assembled, that the state of war between the United States and the imperial German government, which has thus been thrust upon the United States, is hereby formally declared; and that the President be and he is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the government to carry on war against the imperial German government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.”

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