Legal Studies, Unit 4 AOS2 (Factors affecting PARLIAMENT & COURT in making LAWS)

Question 1

Factors affecting the ability of PARLIAMENT to MAKE LAWS

Role of the Lower House in Parliament?

Answer 1

• Initiate and make bills

* Form Government

Question 2

Factors affecting the ability of PARLIAMENT to MAKE LAWS

Role of the Upper House

Answer 2

• Act as a house of review

* Initiate private member bills

Question 3

Factors affecting the ability of PARLIAMENT to MAKE LAWS

LOWER HOUSE Majority Government affect on law making in parliament?

Answer 3

• The party with the majority in the lower house forms government -> meaning most bills will pass easily

Question 4

Factors affecting the ability of PARLIAMENT to MAKE LAWS

LOWER HOUSE Minority Government affect on law making in parliament?

Answer 4

• Minority = hung parliament

* The major parties must then work harder to convince cross-benchers to support bills => constant negotiation

Question 5

Factors affecting the ability of PARLIAMENT to MAKE LAWS

UPPER HOUSE Minority Government affect on law making in parliament?

Answer 5

• Hostile upper house
• Government does not have a majority, may be difficult to pass bills as group of minor parties hold a disproportionately large amount of power

Question 6

UPPER HOUSE Majority Government affect on law making in parliament?

Answer 6

• = rubber stamp
• If there is a majority government in both houses, there will be less scrutiny of bills and less consideration about the interests of smaller states
• Government is able to implement its promised and planned legislation

Question 7

Factors affecting the ability of PARLIAMENT to MAKE LAWS

REPRESENTATIVE NATURE of PARLIAMENT affects on law making?

Answer 7

parliament (and government) makes laws on behalf of the people who elect them.

Parliament are encouraged to listen to the views of the majority.

Question 8

Factors affecting the ability of PARLIAMENT to MAKE LAWS

DOMESTIC POLITICAL PRESSURE affect on law making?

Answer 8

• Business groups - Unions or environmental groups make demands
• Financial Donations - Individuals may donate to political parties to try and influence their policies
• Independents - People seeking specific law reform may run as independent candidates

Question 9

Factors affecting the ability of PARLIAMENT to MAKE LAWS

INTERNATIONAL POLITICAL PRESSURE affect on law making?

Answer 9

• Other countries or international orgs may try and influence government
• Treaties may put pressure on Australia

Question 10

INTERNAL POLITICAL PRESSURE affect on Parliament law making?

Answer 10

MPs are generally expected to vote with their party’s policies and may face pressure from the party if voting against.

Question 11

Restrictions on law making -

How does the Division of Power ( Constitutional Limits) act as a restriction on law-making power in Parliament

Answer 11

Can only make laws in relation to those aspects within constitutional law-making power, and cannot override High Court decisions on these matters.

Question 12

Restrictions on law making -

How does specific prohibitions act as a restriction on law-making power in Parliament?

Answer 12

Constitutional specifics (e.g States cannot make their own currency.)
Commonwealth cannot make laws on areas of residual

Question 13

Factors affecting ability of COURTS to MAKE LAWS

Role of Courts in Law making

Answer 13

Courts can only make / change common law in the process of resolving disputes.

They also interpret statutory law if it’s too broad, or has ambiguous wording. Failure to provide for new technologies.

Question 14

Factors affecting ability of COURTS to MAKE LAWS

Doctrine of Precedent

Answer 14

= rules that govern what part of a courts decision will form precedent.

Precedent is the legal reason for a decision (ratio decidendi) which is binding on lower courts.

IF NOT Lower Court > Precedent is persuasive.

Question 15

Factors affecting ability of COURTS to MAKE LAWS

Cost and Time

Answer 15

Courts can only set precedent/develop law or rule on a case that has been brought before them.

• The initiating party may not be willing or able to spend the time and money required to pursue the case
• Court’s ability to set precedent is dependent on parties having the time and resources willing to commit to the case

Question 16

Factors affecting ability of COURTS to MAKE LAWS

Requirement for standing.

Answer 16

Matters can only be brought by someone whose rights, interests or duties are directly affected

Question 17

Factors affecting ability of COURTS to MAKE LAWS

JUDICIAL CONSERVATISM

Answer 17

The proper role of judges is to say what the law is and apply it rather than change or interpret it

Question 18

Factors affecting ability of COURTS to MAKE LAWS

JUDICIAL ACTIVISM

Answer 18

= the belief that courts have a role in changing and updating the law, particularly in areas where parliament has failed to act