FOR AND AGAINST: Different Views
Document 5

Democracy of Political structures

The Federal Convention Bill was criticised by many for not being democratic enough. This complaint was based on the guarantee of equal representation in the Senate – it was proposed that all States, no matter what their population, would have six senators each. With the power to block bills that had been passed in the House of Representatives, the Senate would be able to stop a government, which (theoretically) had been elected by the majority of Australians, from putting its policies into action. This argument did not mention that deadlocks could be resolved by a joint sitting of the houses, nor did it consider the point of view of the less populous colonies.

From the point of view of the smaller colonies, equal representation in the Senate was essential to Federation, as it was seen as the only protection against being bullied by the larger States and losing all power to make their voice heard. Prior to Federation every colony was self-governing – they were all like separate countries, each with the power to make its own laws. Equal representation in the Senate for all States was intended to recognise the independent power, or sovereignty, they had as colonies.

This document gives the reason why equal representation of States in the Senate was essential.

Focus question:
FeQ10: Why are all States entitled to equal representation in the Senate?

EQUAL REPRESENTATION OF STATES IN THE SENATE

The equal representation of States in the States' Assembly or Senate must be accepted as a positive and indispensable condition … It has to be treated not so much from its logical and symmetrical aspect, not so much as a principle capable of satisfactory dialectical, analysis and vindication, as one of the terms of the Federal Compact, which is based on compromise. The problem to be solved is similar to that which had to be solved by the framers of the American Constitution, it is – how to reconcile the creation of a strong national government with the claims and susceptibilities of separate, and, in their own eyes, semi-sovereign States. The solution of the problem is to be found in a Constitution partly national and partly Federal – a nation with a Federal structure ... The national part of the Constitution will be, the House of Representatives – the organ of the nation. The Federal part of the Constitution will be the Senate – the organ of the States, the visible representative of the continuity, independence, and reserved sovereignty of the States, linking them together as integral parts of the Federal Union. As sovereign entities it is contended that they are entitled to equal representation because as political sovereignties they are equal; inequality in the number of people within the jurisdiction does not constitute inequality in their sovereignty; in sovereignty there are no degrees.

Review of Reviews, Melbourne, 20 June 1897, p. 665, cited in Raymond Evans et al., 1901 Our Future's Past, Macmillan, Sydney, 1997, p. 142.