tag:blogger.com,1999:blog-4052593945054595675.post2340775923853471117..comments2024-03-28T14:16:10.498+11:00Comments on Dr Kevin Bonham: How Could The Tasmanian Legislative Council Be Reformed?Kevin Bonhamhttp://www.blogger.com/profile/06845545257440242894noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-4052593945054595675.post-8791798609053633582018-04-22T19:26:17.653+10:002018-04-22T19:26:17.653+10:00I think there's a lot to be said for an indepe...I think there's a lot to be said for an independent Legislative Council reviewing and improving legislation and with power of veto or even blocking of supply if truly warranted.<br /><br />Factors like long terms, low spending limits for campaigns, and staggered elections that aren't aligned with state elections all help to encourage that independence, even if it favours incumbents. I think we've seen _with exception clarity_ from the state election that allowing unlimited spending and third party campaigning does not make an election more democratic!<br /><br />Ruth Forrest put it very well in the interview you linked to in saying that no election is held on a single issue and people vote for very different reasons so the government of the day should not be considered to have a "mandate" to pass every piece of their agenda unopposed.<br /><br />The real issue here is the parties have been allowed to infiltrate the traditionally independent Legislative Council at all. A "Labor bloc" voting against the Liberal government just to cause problems (rather than for genuine policy specific reasons as part of representing their electorates) is indeed highly undesirable, as it would be the other way around. I think the first amendment that could be made would be to ban any party affiliation in election advertising in an effort to preserve independence.<br /><br />Some of the more specific items you have highlighted are obviously ripe for review to match modern times e.g. specifying print media and nothing else.Rowanhttps://www.blogger.com/profile/16940089068502559209noreply@blogger.comtag:blogger.com,1999:blog-4052593945054595675.post-58504902817718312232018-04-22T09:04:21.672+10:002018-04-22T09:04:21.672+10:00Forming two chambers in a small state is problemat...Forming two chambers in a small state is problematic. If you use the same electoral system you get identical majorities and searching out artificial ways to differentiate the two chambers is problematic. Denmark resolved this by abolishing the upper house, the Landsting in 1953 and expanding the Folketing or lower house. They also included an interesting rule that I reproduce in full from their constitution:<br /><br />42.<br />1.Where a Bill has been passed by the Folketing, one-third of the Members of the Folketing may within three week-days from the final passing of the Bill request of the President that the Bill be subjected to a Referendum. Such request shall be made in writing and signed by the Members making the request.<br />2.Except in the instance mentioned in subsection 7, no Bill which may be subjected to a Referendum, confer subsection (6), shall receive the Royal Assent before the expiration of the time limit mentioned in subsection (1), or before a Referendum requested as aforesaid has taken place.<br />3.Where a Referendum on a Bill has been requested the Folketing may within a period of five week-days from the final passing of the Bill resolve that the Bill shall be withdrawn.<br />4.Where the Folketing has made no resolution in accordance with subsection (3), notice to the effect that the Bill will be put to a Referendum shall without delay be given to the Prime Minister, who shall then cause the Bill to be published together with a statement that a Referendum will be held. The Referendum shall be held in accordance with the decision of the Prime Minister not less than twelve and not more than eighteen week-days after the publication of the Bill.<br />5.At the Referendum votes shall be cast for or against the Bill. For the Bill to be rejected a majority of the electors taking part in the voting, however, not less than thirty per centum of all persons entitled to vote, shall have voted against the Bill.<br />6.Finance Bills, Supplementary Appropriation Bills, Provisional Appropriation Bills, Government Loan Bills, Civil Servants (Amendment) Bills, Salaries and Pensions Bills, Naturalization Bills, Expropriation Bills, Taxation (Direct and Indirect) Bills, as well as Bills introduced for the purpose of discharging existing treaty obligations shall not be subject to a decision by Referendum. This provision shall also apply to the Bills referred to in sections 8, 9, 10, and 11, and to such resolutions as are provided for in section 19, if existing in the form of a law, unless it has been provided by a special Act that such resolutions shall be put to a Referendum. Amendments of the Constitution Act shall be governed by the rules laid down in section 88.<br />7.In an emergency a Bill that may be subjected to a Referendum may receive the Royal Assent immediately after it has been passed, provided that the Bill contains a provision to that effect. Where under the rules of subsection (1) one-third of the Members of the Folketing request a Referendum on the Bill or on the Act to which the Royal Assent has been given, such Referendum shall be held in accordance with the above rules. Where the Act is rejected by the Referendum, an announcement to that effect shall be made by the Prime Minister without undue delay and not later than fourteen days after the Referendum was held. From the date of such announcement the Act shall become ineffective.<br />8.Rules for Referenda, including the extent to which Referenda shall be held on the Faeroe Islands and in Greenland, shall be laid down by Statute.<br /><br />Perhaps Tasmania could abolish the council, expand the assembly by the number of MLCs, and adopt a version of the Danish rule.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4052593945054595675.post-847881885847620392018-04-20T21:41:38.872+10:002018-04-20T21:41:38.872+10:00A referendum provision was recommended by the Beau...A referendum provision was recommended by the Beaumont Royal Commission (1982) - for bills blocked for more than six months - but has never been adopted. The Royal Commission also recommended that a government should be able to choose to take a Bill blocked for more than six months to an early election, and if the government won the election the Bill could become law without any LegCo involvement. (This last recommendation included a proviso about not stockpiling multiple bills, but I assume that would have fallen over once someone pointed out there was nothing to prevent a government presenting an omnibus Bill covering a wide range of issues that it knew would all be rejected.)Kevin Bonhamhttps://www.blogger.com/profile/06845545257440242894noreply@blogger.comtag:blogger.com,1999:blog-4052593945054595675.post-14463752894558310002018-04-20T18:16:53.464+10:002018-04-20T18:16:53.464+10:00Leaving the President`s seat effectively unreprese...Leaving the President`s seat effectively unrepresented for the convenience of the Legislative Council is undemocratic. That likely means scrap the casting vote and have a tied vote is a fail system, like the Senate.<br /><br />Either a joint sitting or a referendum provision should be introduced.T0000000000001https://www.blogger.com/profile/05135088419363685867noreply@blogger.com