Democracy in Australia and the Rule of Law Research - 1650 Words

Democracy in Australia and the Rule of Law Research (Research Paper Sample) Content: NAME:STUDENT NUMBER:STUDENT ID:WORD COUNT:PLAN: 143ESSAY: 1483PlanThe effects of lack of democracy and the rule of law is a problem that does not discriminate, whether you are a corporation or a start-up, rich or poor, educated or illiterate, employed or unemployed.In this short essay, I will be discussing the above proposition. To articulate it, I will examine the effect on society democracy and the rule of law may/may not have, providing a balanced view. ACritical analysis of democracy and the rule of laws relationship to the Australian Legal System will be examined. This will also focus on the Application of fundamental principles of the law from a business perspective in Australia. I will then finalise with a summary of my arguments.The biggest problem I have faced so far is the ability to pick and choose appropriate material. I aim to complete this work before week 2. Week 3 will be utilised for proof reading and rectifying it. Additionally, Week 4 will be utilis ed to ensure proper formatting as per the Deakin Harvard reference guide has been followed and for submission too.THE ESSAYIntroductionDemocracy in Australia and the rule of lawThe term Democracy has its causes in the Greek dialect. It consolidates two words: "demos" which means entire native living inside a specific city-state and "kratos" which means power.[Held, D 1987 Models of Democracy, Stanford university press p. 37] It is concurred that liberal democracies rule systems depend on four primary standards: Some trust placed on a people, since people are accepted to be good and reasonable; faith based upon reason; advancement in life: taking into account the conviction that development and improvement is the regular state of humankind; A faith in the society that is consensual: taking into account a longing for co-operation and not turmoil and life struggle. Finally it involves a belief in shared force: in view of a suspicion of concentrated force whether by people, groups or go vernments.The rule of law is a legitimate rule providing that law should represent a nation, rather than being administered by subjective choices of specific government authorities. It essentially adverts to the result and power of legislation in society, especially as an imperative aftermath, inclusive of the conduct of state authorities.[Garner, Bryan A. 2009 (Editor in Chief). Black's Law Dictionary, 9th Edition, p. 1448] As such it can be said that the rule of law and democracy are tantamount to each other. This is because; the rule of law seems to be a component of democracy. In a democracy, there should be a set of laws that should be followed by everyone irrespective of their rank. This is enhanced under democracy by ensuring the system of checks and balances.The Democratic and rule of law FrameworkA liberal democracy system is composed so as to characterize and point of confinement power to advance the legitimate government inside a structure of equity and freedom. There are four basic components to the system:These include legitimacy, justice and power. For legitimacy, a lawful government is one that has the legitimate power to be in charge. This as a rule means a high level of well known backing as exhibited by a free electorate and incessant decisions. For justice, Justice is accomplished when nationals live in an environment in which all residents are dealt with similarly and agreed nobility and appreciation. This may happen in a delegate majority rules system that is tempered by constitutionalism, cumulative vote and limitations on force.For freedom to be deemed to exist there must be the right for self determination, capacities to choose between different alternatives that may exist, the autonomy to do what is lawful, and a general respect for political liberties. Finally on power, the government must have the legitimate use of power as available and not to exceed it (Museum of Australian Democracy, Para 1 to 9).[Museum of Australian Democracy (n .d.) retrieved on 8th August 2016 from http://moadoph.gov.au/democracy/defining-democracy/ Para. 4] How democracy and the rule of law manifest itself in Australia.This it demonstrates itself in Australia by having various matters at hand. First is the use of direct democracy in Australia and this is seen by the use of referendum to change the constitution. There is also the representative democracy where in Australia it is majorly done by political representation for example in the house of assembly.[Held, D 1987 Models of Democracy, Stanford university press Chapter 3.] However, for the representative democracy, some people have laid a critic to the process since it is majorly indirect. These they have blamed it saying that it has caused some sort of window dressing.[Heywood, A. 2004. Political theory, Palgrave Macmillan p. 132] Though bicameralism is thought to be one of the causes of undemocratic processes in Australia, Bicameralism was a built up portion of Australian constitut ional practice. Before Federation, the combination of dependable government and federalism was in a few quarters thought to make a potentially unsteady half of the government.[Emy H and Owen H 1991 Australian Politics realities in conflict. Palgrave Macmillan. p.195] Effects of democracy and the rule of lawOn the economy, expanded democracy government foster economic flexibility and these argumentations are like the contention that democracy encourages financial development. To begin with, some contend that, rather than the contention view, just a legislature with some authenticity would have the capacity to stand by arrangements with short run costs.[Haan, J. de and C.L.J. Siermann 1995 New Evidence on the Relationship Between Democracy and Economic Growth, Public Choice 86, pp175-198] Democracy based administrations can be accepted to have more prominent authenticity on account of the political and common flexibility the framework permits the general population to have. Second, a large number of the establishments required in a vote based system are likewise the wellspring of a fruitful financial liberalization, for example, a free lawful framework, an expert common administration and stable property rights.To citizens, it has the effect as already expressed; the nationals in democratic state are given the power to vote premised on different issues, especially the ones who represent the citizens they are supposed to be accountable for making certain choices. E.g. the president of a state. It can enormously shield the citizens from an occurrence they would not wish for.For businesses, the government does business and without it, it would mean that the government would be engaging in businesses and without requiring any competition. Thus a monopoly and this would mean that the presence of democracy would mean the absence of.[Fidrmuc, J. 2000. Liberalization, Democracy and Economic Performance During Transition, ZEI Working Paper No B52000 p. 21] For the state it means a stable and responsible government. At the point when there are elected representatives, a more dependable government is framed. In this way, the Democratic system can be generative and solid. Its organization is managed and directed with a feeling of commitment, and individuals under this framework are concerned about making the best choices.[Green garage 2015. 16 advantages and disadvantages of democracy. Retrieved on 8 August 1992 from http://greengarageblog.org/16-significant-advantages-and-disadvantages-of-democracy Para 1-9] Thus it can be said that the rule of law and democracy have a positive effect as seen above. However as noted earlier on the issue of representative democracy, it can never be said to be absolute democracy. This is because of the fact that this type of democracy is more indirect and thus seen as a mere permission seeking from the voters for their votes in order to be represented. Heywood as Rousseau notes that this type of democracy is more of slavery to the citizens.[Heywood, A, 1997. Politics Basingstoke, England Macmillan. P 198] The other problem is the negation of those elected of the needs of the masses to their own advantages. This is majorly based on the fact that they foresee not being elected to the same positions again. They thus take the advantage to plunder public resources and engage in corrupt behaviour. Democracy and the rule of law relating to say election leads to loss of time period while making laws and needs money to be used at the voting process. Additionally it is to a higher degree potent that the nation will be dictated by careless leaders who will just use community funds for their benefit.The biggest problem is the idealism that majority wins. This leads to issues related to certain disadvantages such the election into office of people who are illiterate or whose ethics is questionable. On this the rule of law relating to election for example and coupled by democracy insists on declaring the ma jority the winners. It insists on...