The people and law makers

Question 1

The Crown + Governor general

Answer 1

Constitutional monarchy which means we recognise the Crown as our head of state but elect representatives to make laws. Governor General is the Crowns rep. and is currently David Hurley.

Question 2

The composition of the upper house

Answer 2

Also known as the senate and exists to represent the interest of the states and territories. Each state, regardless of the population is entitled to 12 seats in the senate.

Elected for 6 year terms and half are eligible for election every 3 years at the same time as federal elections.

Question 3

The composition of the lower house

Answer 3

Every 3 years, individuals on the electoral roll with vote for a member from their electorate to sit in the lower house also known as the house of reps. There are 151 seats and to secure govt. 76 seats are needed by a political party

Question 4

Definition of parliament

Answer 4

In Australia, Commonwealth parliament refers to a body that consists of democratically elected members, chosen by the people to federal laws and, the Governor General and King.

Question 5

Definition of government

Answer 5

Government refers to the political party that has won an election. Their members will gain the most seats in the lower house and their leader will become the Prime Minister.

Question 6

Definition of coalition

Answer 6

A term that refers to a political alliance between two or more political parties that share the same views. They form an alliance in order to work together, gain voters and form government.

Question 7

Definition of bill

Answer 7

proposed laws

Question 8

Definition of cross bench

Answer 8

Members of parliament who do not belong to major political parties. They are either independent or members of minor parties.

Question 9

Roles of the house of reps

Answer 9

• Introduce bills/make laws
  Done through introducing bills.
• Representative Govt.
  Members of parliament should act in a way that reflects the views and wants of the people that voted them into power. This can take the form of introducing new laws, reviewing policies, debating or suggesting amendments to legislation.
• Forming Govt.
  After an election, the political party that has the most number of seats in the house of reps will form the government.

Question 10

Roles of the senate

Answer 10

• Act as house of review
  role of debating and reviewing the bills to ensure that they don’t disadvantage individual states.
• Ensure equal rep. of states
  equal members regardless of population, when debating bills, the smaller states can have equal say against larger states. This ensures laws being introduced are of equal interest of all states and interests.
• Initiate bills
  The senate can initiate bills (other than money bills).

Question 11

Roles of the G.G

Answer 11

• Grant royal assent
  sign a bill on behalf of the crown after it has been approved by both houses of the commonwealth parliament.
• Suggest amendments
  If a mistake is found in the bill after it has been passed a minister would advise the G.G to return the bill to parliament with the suggested change.

Question 12

Structure of Victorian parliament

Answer 12

Legislative assembly consisting of 88 seats, Governor of Victoria, Legislative Council consisting of 40 seats.

Question 13

Governor of Victoria

Answer 13

Professor Margaret Gardner

Question 14

Role of the Legislative assemble

Answer 14

-Initiate new legislation
introduced by ministers who are members of the leg. assembly.
- Represent the ppl in lawmaking
directly chosen by voters in their district and will often receive letters, emails/correspondence from those living within their community. They should act in a way that reflects the opinions and perspectives of the majority of those living within the district.
- Review legislation + propose amendments
existing act may need to change to reflect the needs of the people. The legislative assembly is comprised of members of parliament who directly represent and understand the issues affecting their district and can therefore propose meaningful amendments.

Question 15

Role of legislative council

Answer 15

• Scrutinise legislation
  debate and scrutinise bills introduced by the legislative assemble. As includes independents and members from smaller parties then a wider range of perspectives can be considered when reviewing bills.
• Initiate legislation
  most legislation is introduced in the lowers house. Bills regarding the expenditure of Vic public money cannot be introduced in the legislative council.

Question 16

Purpose of the Constitution

Answer 16

The constitution can be considered as the ‘rule book’ for the way in which Australia is governed.

Inc. Structure of Parliament (Chp.1), How constitution can be changed (S. 128), The rights of the people (S80, S117, S92) and the role of the High Court (S75, S76)

Question 17

Specific Powers

Answer 17

All areas of lawmaking given to the Commonwealth parliament are referred to as specific powers.

Question 18

Exclusive powers

Answer 18

There are areas of lawmaking that are given only to the commonwealth to legislate on. These areas at considered significant on a national level. States are prevented/excluded from legislating on these.

Eg. Customs + border protection, Currency, Foreign Affairs.

Question 19

Concurrent powers

Answer 19

The states as well as the Commonwealth are allowed to legislate in these areas.

Eg. Marriage and divorce, Taxation, Banking

Question 20

Residual powers

Answer 20

Any areas of law making that do not appear in the constitution as they are not areas in which the commonwealth can legislate on, only the states can make laws in these areas.

Eg. Criminal law, Road laws, Education.

Question 21

Purpose of S109

Answer 21

Written to resolve the inconsistencies b/w areas of lawmaking b/w commonwealth and state

Question 22

What is stated in S109

Answer 22

‘When a law of a state in inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid

Question 23

Two ways in which an inconsistency can occur

Answer 23

-When Cth and States attempt to legislate in concurrent areas. Since this is a shared area of lawmaking. Both parliaments can legislate and introduce valid law. Eg. Taxation, Marriage and Interstate trade.

-When Cth and States attempt to legislate in their own areas of lawmaking and a conflict still arises.

Question 24

Impact of Commonwealth law will prevail

Answer 24

If an inconsistency arises b/w state and Cth. legislation, the timing of each laws creation is irrelevant. It does not matter whether the Cth or state law was passed first. If they conflict with one another, the Cth law will prevail to the extent of the inconsistency.

Question 25

Impact of to the extent of the inconsistency

Answer 25

The words ‘to the extent of the inconsistency’ are important here. Only the sections of state law that are inconsistent with Cth law will be declared invalid. The remaining sections of the state law, that are not in conflict with Cth law, will continue to operate.

Question 26

Impact on the validity of the states legislation

Answer 26

Section109 does not change the areas of law the states and the Cth can legislate in. The effect of S109 is to render invalid any section of state law that is inconsistent with Cth law. Therefore, states retain the ability to make laws on concurrent law-making topics, they are only limited in some circumstances where their state law conflicts with federal laws.

Question 27

Impact of McBain’s case

Answer 27

S8 of the Infertility Treatment Act 1995 (Vic)
- Provided that to receive treatment a woman must be married and living with her husband on a domestic basis or living with a man in a de facto relationship.

S22 of the Sex Discrimination Act 1984 (Cth)
- Provides that it is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s sex, sexual orientation etc.

Deemed S8 of Vic legislation invalid H/W can still legislate on IVF.

Question 28

Impact of composition of the UH

Answer 28

Refers to the number of seats that are held by senators and, from what political parties they are from.

Although govt. hold majority of seats in the LH, it does not always have the majority of seats in the upper house. In this situation, the Balance of Power is held by the opposition and minor parties and independents called crossbenchers.

This may mean that the govt. may face difficulties in implementing legislative policy because the crossbench can force governments to make amendments to their bills or reject them entirely by voting with the opposition.

Question 29

Impact of Hostile Senate

Answer 29

Situation where govt. does not hold the majority in the UH. As a result, members of the opposition or crossbenchers may try to deliberately block or reject or water down/dilute initiatives introduced by govt in LH.

This may cause delas or the lack of reforms being introduced by govt.

Question 30

Impact of rubber stamp effect

Answer 30

Occurs when govt. holds majority of seats in both the UH and LH. As a result, legislation can pass through what is known as the ‘rubber stamp’ effect meaning that bills are not adequately debated and scrutinised.

Question 31

Impact of sitting days

Answer 31

Refers to the number of days in which MPs are required to attend and ‘sit’ in parliament to consider and debate bills/policies. They are also required to participate in ‘question and answer time’ to hold govt. accountable.

Question 32

Strength of Bicameral structure

Answer 32

• If parliament only consisted of one house then govt. would be able to pass bills that only meet their political agenda rather than the views and values of constituents.
• UH which does not contain the majority of the LH will scrutinise bills more effectively.

Question 33

Weakness of Bicameral structure

Answer 33

-Hostile UH can delay the speed at which bills are passed.
- The UH may rubber stamp bills if both houses have a majority.

Question 34

How Int. treaties operate

Answer 34

Also referred to as declarations. An agreement b/w two or more countries or organisations from which human rights obligations are created.

Becomes internationally legally binding and then goes through the process of ratification (idea presented to Cth). Should this succeed, a bill will be drafted and go through royal assent.

Question 35

How declarations operate

Answer 35

Non-binding agreements b/w two or more countries that establishes aspirational rights and obligations that parties to the agreement seek to enforce. Parliament may face international criticism for failing to uphold the principles set out in an international declaration that has been signed.

Question 36

How the UN can influence laws

Answer 36

After receiving criticism for the age of criminal responsibility the vic govt. announced in April 2023 that it would raise the age to 12 by end of 2024 and then to 14 by 2027.

Organ that can place international pressure on govt. through the feedback and condemnation of other countries.

Question 37

How one other Int. organisation can apply pressure

Answer 37

Amnesty International - A non-govt org. that advocates for human rights across the globe. Pressures parliaments around the world, including Cth to change laws that violate human rights. This can be done by exposing countries that are breaching int. law and lobbying govts. to respect int. law.

Question 38

Strengths of Int pressures

Answer 38

-While declarations not legally binding may face criticism for failing to uphold the principles set out.
- International orgs. such as the UN + World Trade Organisation have the power to impose sanctions on countries breaching their treaties.

Question 39

Limitations of Int pressures

Answer 39

• Pressures from int. orgs. may limit the ability of parliaments to make laws that are tailored to the unique needs and circumstances of a pop.
• There are limited mechanisms by which the UN member states and international organisations can enforce compliance with int. law.