Citizen Initiated Referenda and Fixed Term Elections

Tasmanian Senator Guy Barnett had a few things to say on citizen initiated referendums and fixed terms between elections.

From the hansard on citizen initiated referenda;

It is my view that there is merit in considering citizen initiated referendums here in Australia. Yes, we do live in a parliamentary democracy, and MPs are there to make decisions for and on behalf of the people. Nevertheless, people are important, and it is up to them to make the decisions. If they can meet a threshold test in terms of citizen initiated referendums then surely it is proper and appropriate to listen to the people and hear their views.

The argument Barnett used was that when Parliament was so split on an issue that there was no clear majority that having a citizen initiated referenda on it would give greater legitimacy to such issues.

I would support citizen initiated referenda mainly for the reason of mob-wisdom, but with the mob tempered by a super-majority in Parliament; i.e. the CIR could not be put on a ballot unless 2/3rds of parliament agreed to it. That would keep the nutty minority stuff out while allowing strong CIR to get through on its merits with broad consensus. I would also make CIR statutory only, no constitutional amendments can come through CIR.

Barnett also commented on fixed terms for the Australian Parliament;

but would like to conclude by saying that in the US they do have fixed term elections: every two years for the House of Representatives, every four years for the President and governors, and every six years for the US senators. They are fixed, so they are held on the first Tuesday after the first Monday in November.

In Australia, because the average election is held every 2.5 years -- if you look at the average since Federation -- I support the merit of considering a three-year fixed term for the House of Representatives and a six-year term for the Senate. I find it very hard to support the merit of an eight-year Senate term.

Nevertheless I do support, if at all possible, a four-year House of Representatives term, but, in this instance, if it requires an eight-year term for the Senate, that is something that I could not support.

I agree. I think fixed terms between elections is important as the Executive getting to pick the date of the election is to high an incumbent advantage. It may make double-dissolutions more important, most governments have kept double-dissolution legislation up their sleeves if they have wanted to force an election, but even so, fixed terms would allow all parties to electioneer with a firm date in mind rather than the opposition and minor parties being caught off balance with the incumbent calling an early election when it is to their advantage.

A good speech from Guy Barnett.

Permalink, Citizen Initiated Referenda and Fixed Term Elections, Nov 2006, cam
Mark Hill: Constitutional constraints on electors: I\'ve thought about the potential to abuse CIR for a while, cam.

There is an easy set of solutions - constitutional amendments require the same level of support as Parliamentary invoked referenda (double majorities) and legislative changes must be approved by the High Court before a vote (raises questions about ordinary legislation no doubt).

All constitutional changes would require an election cycle to come into effect so that anyone adversely affected by this can leave the country in due time.

Set three year terms seem like the best we can do. Eight years is a very long term. Remember, Andrew Inglis Clark originally proposed three year Parliamentary terms for the House and three classes of Senators serving terms of three, six and and up to nine years.
avocadia: Why Eight?: Why is it that whenever term limits are mentioned, it is automatically assumed that Senate terms must be twice as long as that of the Representatives? Is it because we are adverse to the idea of Senate-only elections?
Mark Hill: Senate Terms: I would say yes. I thought it was to do with the role of the Senate as a supervisory body having a higher social status as well as the role of Senate rotations - a landslide in the House may represent a necessary change in the will of the public, but the idea is to stop that happening in the Senate unless the people really want it.
avocadia: Staggered classes: It is the staggered elections of the Senate, putting only part of the senate up at each election, which firewalls the Senate from House landslides, not longer terms. We could still have staggered classes. I\'m not sure off the top of my head if Australia has two or three classes of Senators; but\'d probably have to have three and elect them every two years, or have two and have Senate elections only occasionally coincide with House elections.

The real problem I would have with the Senate-only election periods is that I feel it would strengthen the role of the political party in the Senate, as Senators seeking re-election would have to actually start campaigning rather than riding on the coattails of the House campaigning. If I had my druthers the moneychangers would be cast out of the templ.....err, I meant parties cast out of the Senate.
cam: I think Nebraska has a non-party arrangement: in their unicameral legislative.

cam
cam: I believe eight years is too long too: and wouldn\'t support four years in the house or assemblies either.

cam

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