Checks and Balances On Parliament Through A Separate Executive

Gary Sauer-Thompson looks at the recent comments by Tony Abbott where he admits he will say anything to get himself out of a bad situation in an interview. The wider issue is checks and balances on politicians saying whatever they like. Gary argues that the deeper issue is that it is more difficult to check these political behaviours through the ballot box, hence greater checks and balances in the political system are necessary;

Checks and balances on executive dominance would be a good start by giving greater power to the committee system in both houses of Parliament. Proportional representation for the House of Representatives, along the lines of the Hare-Clarke system, would be another place to start. This would ensure that we citizens have a choice about who to vote for and against within all political parties.

The Hare-Clark system came out of Tasmania, which in my opinion, has one of the more innovative electoral systems in Australia. I can recall looking at the effect of the Robson Rotation and it seemed to indicate that its introduction reduced incumbency.

Another alternative in the Parliamentary system is to separate the Executive from the House of Representatives or the Assemblies and have a Governor or President. This fits the doctrine of separation of powers in the same manner that the Washington System has and the US States do.

It is not a perfect system, but it is preferable to the parliamentary system where the executive carries out the laws and legislates the same laws they execute.

The downside of this is that the House Of Representatives will have to do policy and here the US Congress has not been the greatest, but then again, Congress has had to deal with large tent parties that are highly factional rather than the absolute discipline the Australian parties have.

However the Washington System is an improvement over Westminster and Australia should start innovating constitutionally at the state level if not the Federal one.
Permalink, Checks and Balances On Parliament Through A Separate Executive, May 2010, cam
Sacha: That'd be interesting to see - but I very much doubt it would happen. Mind you, referendums probably wouldn't be needed (possibly except in Qld - unsure there), the state parliaments could amend their constitution acts.

You'd have to make a very good case for change, satisfy all the questions about how it could work and how any problems could be resolved, and prepare to run an experiment for a couple of years.

Strong party discipline would also play a big role - it's plausible the parliament could play little role if the Premier's party had a majority in it, and it could be obstructive if the Premier's party didn't hold a majority.

There are interesting issues but of course they could be dealt with.

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