Grendel wrote on Feb 20
th, 2014 at 11:00pm:
Bam wrote on Feb 20
th, 2014 at 11:59am:
Grendel wrote on Feb 20
th, 2014 at 12:12pm:
Aussie wrote on Feb 19
th, 2014 at 6:29pm:
Quote:Mandate? What percent of the vote gives him a mandate...
He was elected on that Policy. Two PUP Senators were elected on that Policy. They have a mandate to pursue that Policy. Anything else would be be a betrayal of the people who voted for them.
A mandate is accompanied by a clear majority and governance... not a poofteenth of the vote.
Funny how opinions of mandates change according to which party is in power.
So how do you disagree with me?
Do you think Clive has a mandate to do anything?
Did Rudd have a mandate to implement an ETS in 2009? Did the Coalition or Greens have a mandate to block it?
Here's the thing with mandates. Here's how they
really work.
The Senate is free to vote as it wishes on legislation. The government has a mechanism that can be used to get the legislation through: if the Senate fails to pass the bills twice at least three months apart, the government can call a double dissolution election, can win a mandate for the blocked bills at
that election, and then can put the bills to a joint sitting of Parliament. The joint sitting has only been invoked once to overcome a particularly recalcitrant Senate.
The possibility of a double dissolution election is the mechanism that drives the mandate.The possibility of losing a double dissolution election is why the mandate is not invoked often. It's not realistic to assert the existence of a mandate on any piece of legislation. The Senate is free to vote as it wishes. It's not there to rubber-stamp legislation! Mandates only really exist on legislation that is eligible to be put before a joint sitting of Parliament. Any other legislation has to be approved by the
Parliament (not the Government) in the usual manner.
All legislation - regardless of the mechanism - has to be approved by the whole Parliament.This is why Rudd's government did
not have a mandate for the ETS in 2009 and early 2010. The Parliament did not approve the legislation. But Rudd could have sought a double-dissolution election on the ETS to win a legitimate mandate.
And this is why Abbott's government does not have a legitimate mandate to repeal the carbon tax, repeal the mining tax, etc. The
Parliament has to approve these bills, not the Government. Abbott can take his chances on a double dissolution to win a mandate for the contested bills, or accept the decision of the Parliament. But he cannot go around saying "I have a mandate" without doing the hard yards that actually bring a mandate: he has to win a double dissolution election with the contested bills.