AOS 1 (parliament and the citizen)

Question 1

representative gov

Answer 1

A democratic system where electors choose representatives to sit in parliament and make decisions on their behalf. The representatives usually reflect the views and values of the people. If the government does not represent the needs of the majority of the people, it is likely to be voted out of office at the next election.the bicameral system contributes towards a more representative gov’t because lower house represents the will of the people and each state is equally represented in the upper house

Question 2

responsible gov

Answer 2

It is a system of government, and refers to the executive government’s actions being accountable and answerable to the parliament (therefore indirectly to the people).The government is held accountable by ministers being drawn from within the government and they must maintain the confidence of the government. If the government loses the support of the lower house it must resign. Ministers can be called upon to explain in Parliament his or her actions of their portfolio, this is called ministerial accountability. No confidence in minister, they must resign. Parliament sittings being open, parliamentary records held in hansard, and question time.

Question 3

seperation of powers

Answer 3

A basic principle underpinning our legal system, based on the notion of checks and balances. There are three separate types of powers in our parliamentary system. These are legislative power, executive power and judicial power. The legislative branch makes and changes the law, the executive branch enforces law and the judicial branch applies and interprets the law. It is to ensure that no one body has absolute power or control over the functions of the political and legal systems.

Question 4

structure of vic parl n role

Answer 4

bicameral structure, governor, legislative council (upper house) 40 seats, legislative assembly (lower house) 88 seats

Question 5

structure of commonwealth parl n role

Answer 5

bicameral structure, governor general, senate (upper) 76 seats and may be rubber stamp senate or hostile senate, house of representatives (lower) 150 seats, may be hung

Question 6

role of upper house

Answer 6

• acting as the states house (equal representation in the senate 12 from each state, 2 from each territory)
• acting as the house of review (check on gov power)
• representing voter interest (represent the state)

Question 7

role of lower house

Answer 7

• formation of gov
• initiating the majority of new legislation
• initiating and amending money bills

Question 8

role of crown

Answer 8

• providing royal assent to bills
• acting as head of the executive gov (appointing a federal executive council)
• exercising reserve powers (dismissing a prime minister who has lost the confidence of parl, appointing a pm, calling a double dissolution or a general election)

Question 9

reasons why laws need to change

Answer 9

The main aim of the law is to protect our society and keep it functioning

1: new threats emerging e.g. terrorism laws passed
2: changing views and attitudes e.g. proposal for same sex marriage
3: improving access to law e.g. VCAT act

Question 10

role of VLRC

Answer 10

the Victorian law reform commission is an independent, government funded body that investigates, researches and coordinates areas of law that may need to change. Can investigate issues referred by the attorney general or areas of general public concern and makes recommendations. also educates the public on areas of law e.g. jury directions in 2008, jury directions act in 2013

Question 11

process of the VLRC

Answer 11

The Victorian Attorney-general refers a matter to the VLRC OR there can be a Community law reference

Staff begin to research and consult.

An expert panel is formed

Consultation paper and questions are published and submissions are called for.

Consultations with affected parties and communities

Submissions are received and considered

The Commission Writes a Report

The report is delivered to the Victorian Attorney-General

The report is tabled in parliament then published
The government decides on its response.

Parliament decides on legislation.

Question 12

strengths of vcat

Answer 12

Vlrc extensively researches, consults with experts, affected people, spends 6-24 months researching and many steps are taken, whereas parliament dont have the time to investigate the law (only sits between 40-70 per year)

Question 13

weaknesses of vcat

Answer 13

however, different views on different issues, hard to represent all issues
suggested amendments are not compulsory does not have to become law

Question 14

petitions to change the law

Answer 14

a formal written request to the government to request for a change in a particular law
usually handwritten signatures but can be electronic
forwarded to a member of parliament to present at the next sitting of parliament
e.g. asylum seekers petition to HOR

Question 15

saw of petitions

Answer 15

strengths:
easy to collect signatures
large amount will show support
even a small petition will gain sup

weaknesses:
too easy to collect, how strong is the support
too unknown, not publicized

Question 16

demonstrations

Answer 16

a group of individuals gathering in a public place to express desire for a change in the law. Aim to draw public attention, and may cause disruptions
e.g. regular same sex marriage demonstrations

Question 17

saw of demonstrations

Answer 17

s:
draws a lot of attention from the public, and generates more sup for change

w:
time and effort
method may be disapproved (too much violence)

Question 18

media

Answer 18

Media coverage helps gain community awareness and perhaps support in assisting the law-makers to the need for change in the law.
e.g. climate change

Question 19

saw of media

Answer 19

s:
can reach a significant amt of people to gain support
can put pressure on parliament
can present both sides

w:
can put a spin on issues
gatekeeper effect (have to convince the media your story is worth publishing)

Question 20

progress of a bill

Answer 20

A bill starts with an idea: general public, ministers, ministerial advisors etc.
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developed into bill. This bill gets introduced in either the upper or lower house, depending on the relevant minister. (money bills lower house)
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Both houses of parliament need to approve of a bill for it to become a law. Most bills start in the lower house, with a member, usually a minister, introducing a bill.
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Members then vote whether to consider the bill–this is called the first reading. long title is read out, copies of the bill and explanatory memorandum
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In the second reading speech, a statement of compatibility where the bill is compared to the Human Charter of Rights.
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After this, the matter is adjourned for 2 weeks while the members read over the bill and consult the community. Then members engage in a debate, the main debate, suggest/apply amendments.
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There is an optional consideration in detail stage, where the bill is picked apart clause by clause and amendments are considered. THIRD READING → The long title is read. There is further debate on the Bill if necessary. The Bill is voted on in its final form. There is then a vote on whether to pass the bill.
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If the bill is passed, it goes into the second house where it goes through the same stages.
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It then requires royal assent given by the governor at state level and the governor general at federal level.
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The law then becomes an act of Parliament. The law may include a start date or it can be announced later.

Question 21

saw of parliament

Answer 21

s:
parliament is the supreme law making body, able to change laws when need arises
able to keep up with society’s changing values (swift terrorism laws)
abrogate and codify common law
independent and minority parties in the senate making hard to pass laws quickly
access to resources, law reform bodies and parliamentary committees
bicameral structure ensures scrutiny of bills

w:
due to the diversity, many views and opinions are heard so the laws cater to to a wider range of society
vote along party lines
conservative, not willing to make controversial laws
many conflicting views in society, hard to satisfy all
bicameral structure: rubber stamp, hostile senate
hung parliament, 2010 federal election hard to pass bills