UNIT 3: Law Making. Name: Study Notes - Chapter 1: The Australian Parliamentary System (2016) Cabinet: Crown: Federation: Government: Legislation:

Transcription

1 UNIT 3: Law Making Name: Study Notes - Chapter 1: The Australian Parliamentary System (2016) Key Terms SAC Date: Cabinet: Crown: Federation: Government: Legislation: Minister: Parliament: Prime Minister: Royal Assent: 1

2 Supremacy of Parliament: Westminster Principles: Constitutional Monarchy: Bill: Double Dissolution: Bicameral System: Unicameral: Rubber Stamp: Constitution: Minority Government: 2

3 Federation: Prime Minister: Premier: House of Representatives: Senate: Legislative Assembly: Legislative Council: Independent Politician: Hung Parliament: Reserve Powers: Provide an example when reserve powers were used in Australia 3

4 STRUCTURE OF THE AUSTRALIAN PARLIAMENTARY SYSTEM The Commonwealth and state parliaments operate on a bicameral system, which means two houses: an upper house and a lower house, with Queensland and the two territories being exceptions to this rule. STRUCTURE OF THE COMMONWEALTH PARLIAMENT: HOUSE OF REPRESENTATIVES: Number of members: Role of the House of Representatives:

5 Effectiveness of the House of Representatives If government has a large majority: If government has a small majority: SENATE Number of Senators: Role of the Senate: Effectiveness of the Senate Rubber stamp : 5

6 Hostile Senate: STRUCTURE OF THE VICTORIAN PARLIAMENT Role of the Legislative Assembly: 4. Role of the Legislative Council: 4. 6

7 ROLE OF THE CROWN: Role of the Governor-General: (Page 22) Role of the Governor: PRINCIPLES OF THE AUSTRALIAN PARLIAMENTARY SYSTEM Representative government Responsible government Separation of powers REPRESENTATIVE GOVERNMENT: 7

8 RESPONSIBLE GOVERNMENT: Refers to the government s responsibility to the voters:

9 SEPARATION OF POWERS: This is the basic principle underpinning our parliamentary system. Powers in our parliamentary system should be held by separate bodies so that no one body has absolute power or control over the functions of the legal system. Executive power: Legislative power: Judicial power: In Australia the legislative and executive power are closely linked because the executive power of the Governor-General and Governors of the states are effectively given to the Prime Minister or Premiers and their cabinets. Thus the executive power, in practice, is held by the government. Since the Governor-General (and Governors) and government are part of parliament the executive and legislative powers are effectively combined. Despite this there are still checks and balances between the two areas of power as the opposition can still question ministers about the actions of their departments during question time. 9

10 The legislative power and judicial power must be kept separate. Only a court or tribunal has the power to decide if a law made by parliament has been contravened (broken). Although the government appoints judges the courts are independent of political influence. Judges can only be removed by parliament if misconduct has been proven (or 70 years of age for High Court judges). Reasons for separation of powers: 10

11 Past Examination questions the Australian parliamentary system Key words: Explain means that you must make sure the reader understands whatever you are describing. Discuss means that you must look at both sides of the issue. Outline give a brief account or summary, only the main points are included. Compare and contrast careful analysis of the similarities and differences. Critically evaluate / examine /analyse is not inviting you to be negative and to condemn. It means that you should examine both sides of the argument to look for strengths and weaknesses. Test their validity. How strong or weak are they? Discuss the problems associated with the strengths. Come to a conclusion. THE AUSTRALIAN PARLIAMENTARY SYSTEM a. Describe two principles of the Australian Parliamentary System. (2002) 4 marks b. In a recent debate the Federal Attorney General said that he could not act because it would threaten the separation of powers Explain what this means. (2003) 2 marks c. Outline one role played by the Crown in the Australian Parliamentary System (2004) 1 mark e. Explain the role of the Upper House in the Commonwealth parliamentary system. (2005) 3 marks d. A visitor to Australia, who is studying our parliamentary system, comments that the system is easy to understand except for the separation of power. Explain to the visitor the principle of separation of power in the Australian Parliamentary System. (2006) 2 marks e. Several important principles ensure that the Australian system is democratic. One of these is the principle of responsible government. Explain the principle of responsible government. (2007) 2 marks f. Outline the role played by the Crown in the law-making process. (2008) 1 mark g. Explain the principle of separation of power. (2009) 3 marks h. Amelia has been reading several reports about the use of capsicum spray by Victoria Police and wants to try to influence the Victorian Parliament to change the law. i. Outline the structure of the Victorian Parliament. (2010) 2 marks 11