5. The Australian Senate is Unconstitutional

When the fathers of Australia's federation chose the structure of the national parliament they specified that members of the House of Representatives should represent constituencies of somewhat equal size, allowing for variations based on the spread of electors across those areas. Hence the uneven number of electors.

What they also determined was that the Senate would be made of up equal numbers from each state to protect the states' rights, and that it would be a "house of review."

Currently the vast majority of senators belong to the Liberal/National coalition or the Australian Labor [sic]* Party. Since they are required, by party rules, to vote along party lines there is little hope of those senators putting states' interests ahead of party interests and even less hope of genuine review.

Proposals to change the way in which the government of the day handles issues when a minor-party controlled senate blocks legislation are nothing short of an attempt to circumvent the intentions of those founding politicians. If the Prime Minister controls the votes of enough MPs in the lower house a joint sitting without a preceeding election would result in the upper house being steam-rolled and any legislation which is justifiably rejected by it passed by a joint sitting. This is dangerous, open to abuse by any dictatorial leader with enough of a majority in the House of Representatives, and should be studioiusly avoided.

The situation from July 2005, with the Liberal Party controlling both houses of parliament, highlighted this issue of whether the Senate is a "state's house" or a rubber stamp for the government and several laws were passed which could well have failed if the Senate were a true house of review.

If there are to be any changes to the way we elect senators in Australia then it should be to ban all political parties from participating and ensure that those who are elected fulfill their obligations to represent their state or territory, and to review legislation passed by the lower house.

* there is no word "labor" in the English language, the correct spelling is "labour"