Comparison of structure of government between the US and Australia

Question 1

Give detail regarding the Australian Executive

Answer 1

• The constitution gives executive power to the Queen and the Governor General in chapter two, but by convention the Prime Minister and cabinet
• Individuals members of the executive are elected through Parliament, and the executive is formed from the party that has attained a majority of seats in the House of Representatives
• All the members of the lower House including the executive are elected for a maximum of three years, although the Prime Minster may call an early election

Question 2

Give detail regarding the American Executive

Answer 2

• The constitution vests executive power in the President in article 2
• The President is elected through an indirect ballot system by all the citizens of the United States
• The executive nominates their own cabinet from who they choose, many positions must be confirmed by the Senate
• The President is elected for four years and can only serve a maximum of two terms
• The president can be impeached if they commit a crime by a 2/3 vote of Congress

Question 3

Give detail regarding the Australian Legislature

Answer 3

• A bicameral system consisting of the Senate with 76 members (12 per state and 2 per territory) and the House of Representatives with 150 members
• Legislation is introduced by a minister from the government into the House, the vast majority of bills are government bills
• Committees in both houses have the power to review and scrutinize legislation as well as look into the actions of the executive
• The Governor General can refuse to give assent to a bill, but this has never occurred in Australian history

Question 4

Give detail regarding the American Legislature

Answer 4

• A bicameral system, 435 members in the House of Representatives and 100 members in the Senate (two per state), established by article one of the constitution
• Senators serve a six year term with tri-elections every 2 years and Congressmen serve 2 years fixed terms.
• Legislation is introduced by members of Congress, although some bills are introduced at the request of the president
• Each bill must be submitted into a committee for review before it is presented in Congress
• The President is presented every bill that passes through Congress for approval, if they veto the bill this can only be negated by a 2/3 majority vote in Congress combined

Question 5

Give details regarding the Australian judiciary

Answer 5

• The highest ranked federal court in Australia is the High Court, created in chapter three of the constitution
• Justices of the High Court are picked by the Governor General constitutionally, but by convention the Prime Minister picks the justices
• Under section 72 the judges pay cannot be restricted by the executive and they cannot be removed without evidence showing corruption

Question 6

Give detail regarding the American Judiciary

Answer 6

• Article three creates the Supreme Court as the highest Federal court in the US
• It has original jurisdiction in all cases relating to the constitution, all laws under the United States, conflict between States and all law relating to treaties.
• The tenure of the judges is life long

Question 7

Give examples of Checks and Balances in Australia

Answer 7

• In 2016, the Australian High Court was reviewing a case from a detainee on Nauru who claimed that it was unconstitutional for the government to run a detention centre on foreign soil like they did
 Just before the case was going to be heard, the government rushed a bill through Parliament which solved the issue
• In 2014, The Legislature (Senate) was able to hold the Abbott government effectively to account by blocking several core government bills including the paid parental leave scheme, the building and construction commission and the electoral reform bill.
• In 2012, The High Court declared the power of the government to use its executive power to fund school chaplains was unconstitutional and therefore was invalid.

Question 8

Give examples of Checks and balances in the US

Answer 8

• In 2006, the American government tried to use the power of a Military Tribunal court to move a captured terrorist straight to Guantanamo without trial.
o The case was brought to the Federal coubrainscart, but while the case was in consideration Congress passed a law which took away jurisdiction of the Supreme Court in that matter
o The court ruled that this did not apply to pending judgments however
• In early 2017, several State and Federal judges blocked President Trumps executive order which restricted entrance of people from seven major Muslim countries around the world
• In 2015, Obama was forced to compromise with the Congress when they warned that they would not pass the bill relating to the Iranian Nuclear Treaty unless they had some say in the treaty