Formal and informal ways to support democracy
Australia is a democracy founded on the rule of law. Democracy is a form of
government which enables and empowers its citizens to participate and have a
voice in the running of the government.
To ensure that Australia remains a stable democratic society, it’s citizens must be involved and informed in civic processes to protect the foundations of freedom,
justice, and authority. It’s only when citizens cease their engagement that democracy
is undermined and usurped by authoritarianism, totalitarianism or anarchy.
Many of the key roles of citizens are informal and necessary for civil society to survive
such as being kind, respectful of others and inclusive. There are also other roles which
are deemed so vital that they are required by law such as compulsory voting, jury duty,
and compliance with the law.
Voting
Having a voice in who represents
you in the levels of government
The Australian Constitution does not
expressly refer to elections but makes
it clear that members of parliament are
to be chosen directly by the people.
Having all sectors of the community
able to vote has taken time as voting
laws have slowly changed to reflect
evolving societal values. The Eureka
Rebellion in 1854 was a key moment in
Australia’s democratic history pushing
forward important voting rights
stemming from the Chartist
movement. These included the right of
every citizen to have a voice in making
laws, no taxation without
representation, universal suffrage and
secret voting.
In 1894 the South Australia Parliament
gave women the right to vote, making it
the second Parliament in the world to
recognise this right. Aboriginal people
have had varied voting rights across
the different states of Australia. From
1902, because they were denied the
right to vote in Commonwealth
elections (but allowed after 1962),
they were often illegally denied the
vote in state elections. In 1973 the
voting age was reduced from 21 to 18
years.
Voting helps to ensure that the
opinions and needs of all citizens are
considered and represented, the laws
have the consent of the people and
their vote acts as a check of the power
of the government. .
Juries
Community participation in the
justice system
Jury trials date back to the Magna Carta
in England and have been a part of
Australia’s legal system since 1833.
A jury trial is not an absolute (unlimited)
right. The Australian Constitution
provides for jury trials for only the most
serious offences covered by
Commonwealth legislation, whilst State
laws also provide for jury trials in their
respective Supreme or District Courts.
One of the most important things about
juries is that they let people be judged
by their peers; fellow citizens who are
reflective of the broader community and
its current standards. Jurors act as the
decision-makers for the facts of the
case. They listen carefully to all the
evidence and decide if the person on
trial is guilty or not. This not only
reinforces fairness and impartiality in
legal proceedings but also actively
engages ordinary Australians in the
justice system and is seen as a balance
against the power of the government.
Jury duty is an important part of how our
courts work. It gives everyday
Australians the chance to take part in
the justice system. It also helps make
the law more understandable and
ensures that decisions are not just
made by judges, but by the community
as well.
Rights and Responsibilities
Protecting and respecting the rights
of everyone in our community
Engaged citizens recognise the integral
connection between rights and
responsibilities. Active citizens live in
accordance with their responsibilities
in order to protect the rights of others.
Where we have entitlements, we also
have obligations.
Because rights are not absolute in all
situations, responsibilities enable
conflicting rights to be balanced in the
community.
For example, you have a right to
freedom of movement, and so you can
obtain a driver’s license and have the
right to travel between the states and
territories of Australia freely. Whilst on
the road you have many duties, or
responsibilities, including: a duty to
drive safely, and a duty not to damage
others property.
Many responsibilities are laid out in the
law, the most fundamental of them
being a duty by all Australians, even
those in power, to follow the law.
Unlike other nations that are ruled by
laws, Australia operates under the rule
of law where people are willing and able
to follow the laws made on their behalf,
not just because of possible
government penalties but because they
believe it is an essential part to sustain
and protect our community and safety
