Parliamentary System of GovernmentLegal Studies 3C

Quick Quiz……..

Australia is a Constitutional Monarchy

What does this mean?The head of State is a monarch who is governed and bound by the Constitution.Who is the head of State?Queen Elizabeth II of England is also the Queen of Australia.The monarch is a figurehead who performs ceremonial functions, but does not exercise political power. In Australia, the Queen is represented by the Governor-General, Sir Peter Crosgrove.

Australia’s Head of State Queen Elizabeth II

Sir Peter Crosgrove Governor-GeneralThe Queens representative in Australia

Constitutional MonarchyAustralia’s political system is based on a constitution.What is a constitution?A constitution is a set of rules setting out the nature, functions and limits of government. The role of the constitution is to determine the powers and duties of the government. The Commonwealth of Australia Constitution Act 1900 (UK), effective 01 Jan 1901

Australia is a representative democracyA representative democracy is political government carried out by elected representatives of the people.Eligible people vote for candidates to carry out the business of governing on their behalf. The rule of law is a fundamental principle which forms the foundation of a democratic, lawful and free society.What is the rule of law?

Rule of lawThe following three elements must exist for a nation to facilitate the rule of law:The supremacy of constitutional lawAll people and organisations, as well as all institutions of government, are bound by the principles prescribed in constitutional law. Equality before the lawAll institutions of government must at all times exercise their powers such that people are considered equal before the law and that no section of the community or individual is arbitrarily discriminated against. Existence of fundamental human rights (example

presumption of innocence)All institutions of government must exercise power on the assumption that individuals retain certain fundamental rights at all times and under all circumstances, and that laws cannot be made to remove these rights unless very powerful reasons exist.

Rule of lawThe rule of law is enshrined in the Australian Constitution. It restricts the powers of government and parliament and protects against the influence of arbitrary power (unlimited power, uncontrolled or unrestricted by law). The rule of law stands in contrast to the various forms of arbitrary government in which one person or a group of people exercises total control over the legal system, quite often under the protection of an armed police or defence force. For example: Adolf Hitler and President Saddam Hussein

http://explore.moadoph.gov.au/timelines/rule-of-law

Example of arbitrary power You are sitting at home one Saturday evening watching television with your family when the police break open the front door and invade your lounge room.

They shoot your father in the leg and threaten to shoot him in the head unless he tells them the whereabouts of a man whom they believe your father has hidden.

When your father says that he has no idea what they are talking about, the police twist his injured leg until he screams with pain. When you object to what is happening the police hit you and break your jaw.

They then smash your furniture before taking your father away in the police van. They confiscate your Legal Studies books, telling you that you have no right to read such ideas. They tell you that your essays are dangerous and that you could end up in prison if you continue to write such rubbish.

The next day you go to the police station to look for your father. The police tell you that he has been taken to another station and that he will be detained indefinitely.

Parliament Australian parliamentary system is mainly based on the British Westminster system.

What is the function of Parliament? To provide for the formation of a government To legislate (make laws) To provide the funds needed for government To provide a forum for popular representation (represent people of

Australia) To scrutinise the actions of government

3 levels of government Federal Parliament State/Territory Parliaments Local Councils

Structure of Parliament The bicameral system Commonwealth and State parliaments operate on a bicameral

system, which means two houses: an upper house and a lower house.

Queensland and the territories are exceptions to this rule and only have one house each.

Federal Parliament – makes laws for the whole of Australia (examples taxation, defence, immigration, currency)

Queen

Governor-General (Sir Peter Cosgrove)

House of Representatives Senate

(Lower House) (Upper House)

Structure of Parliament State/Territory Parliament – makes laws that are enforced within their state or territory (examples education, health, roads, police, prisons, public transport)

Parliament of Tasmania structure

Queen

Governor (Kate Warner)

House of Assembly Legislative Council(Lower House) (Upper House)

Structure of Parliament Local Council – manage services and activities in a local area/region (examples waste management, dog and cat management, local roads and footpaths, parks, town planning, building approval, parking)

Each State has a Local Government Act that provides the rules for the creation and operation of council.

http://www.peo.gov.au/multimedia/videos.html

3 levels of government

ParliamentParliament is the supreme law-making body consisting of all elected members of both houses from all political parties and the Crown’s representative. The main role of parliament is to make laws.

Government is formed by the political party that governs the country (or state). This is the party that achieves the largest number of members voted into the lower house. All members of parliament who belong to this political party form the government. Government does not make laws – this is the role of parliament. Government decides which laws should be introduced to parliament.

Houses Lower House

Federal: House of Representatives (150 members)

Tasmania: House of Assembly (25 members)

Role of the lower houseInitiate and make laws (bills)Determine the government (after an election)Provide responsible government (ministers are responsible to parliament and to the people)Represent the people (members elected to represent the people and given authority to act on their behalf)Publicise and scrutinise government administrationControl government expenditure

Houses Upper House

Federal: Senate (76 senators – 12 from each state, 2 from each territory)

Tasmania: Legislative Council (15 members)

Role of the upper houseInitiate and make laws (bills)Act as a house of review (review bills already passed by the lower house)

Senate: act as a states’ house (represents the interests of the states)

http://www.peo.gov.au/multimedia/videos.html

Initiate and make lawsThe main function of the lower house is to initiate and make new laws.Bills may also be initiated in the upper house (except money bills).Bills must be passed by both houses of parliament for a law to be made.

Majority of members (51%) in lower house must pass the bill. It then must be passed by majority members (51%) in the upper house for the bill to become a law (an Act).

Handout

Composition of the Federal Parliament and Tasmanian Parliament 2015

Reading The Australian Parliamentary System

Textbook (blue edition): Page 9 – 19,

Textbook (red edition) : Page 9 - 18

The functions of parliament

Textbook (blue edition): Page 24 – 26

Textbook (red edition): Page 24 - 25

Types of bills reading

Textbook (blue edition): Page 85

Textbook (red edition): Page 79

Questions1. What is the term of office for members of the House of Reps? What is the term of office for senators?

2. What is a hung parliament?

3. What happens if there is a hung parliament?

4. Explain the effectiveness of the current Federal and State Parliaments (for and against current composition) in terms of the lower houses main function, to initiate and pass laws.

5. Explain why hung parliament and governments with small majorities can experience issues when passing bills.

6. Is the Senate able to amend money bills? What can they do?

7. Explain how the scrutiny of bills in the upper house can increase when the government does not have a majority in the Senate.

8. Explain the concept of ‘rubber stamp’ and a ‘hostile senate’. What is the current situation in the Senate?

9. Explain double dissolution and in what cases a double dissolution may occur.

10. What role do committees play in the law-making process?

11. What is the role of cabinet?

12. List and explain the 4 types of bills