Area of Study 3a Flashcards
Constitution (30 cards)
Commonwealth Parliament
In Australia, Commonwealth parliament refers to a body that consists of democratically elected members (chosen by the people to make federal laws), the Govenor General and the King.
Constitutional Monarchy
Australia is still a constitutional monarchy which means that we recognise the Crown (of the UK - Kings) as our Head of State, but elect representatives to make laws.
Constitution
Alongside the monarchy, the constitution is also recognised as the source (as an Act) that grants law-making authority to parliament and the High Court.
Bicameral Structure of Parliament
Cmth Plmt is bicameral, this means there are 2 houses that participate in law-making through approving proposed laws known as bills.
Members of plmt can only gain a seat by being successfully elected through a public voting process.
The Lower House
Every 3 years, individuals on the electoral roll will vote for a member from their electorate to sit in the Lower House, also known as the House of Representatives.
There are 151 seats, and to secure government, 76 seats are needed by a political party. If this is achieved by a party, they form gov and their leader becomes the PM.
For the next 3 years, this political party will lead legislative change and reform and hence, bills will mostly begin here.
The Upper House
The Upper House aka the Senate, exists to represent the interests of the states and territories.
Each state, regardless of population, is entitled to 12 seats and each territory 2 seats.
The constitution provides that Senators are elected for 6 year terms and half are eligible every 3 years at the same time as federal elections.
When a law is introduced in the Lower House and passes up to the Senate, members need to consider how this proposed law will affect their state or territory.
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 PM.
The current gov is Labor, and the PM is Anthony Albanese.
Political Party
An organisation comprised of members with similar political views, ethos and values. Their aim is to attract voters that share the same political views to gain votes in the lead up to elections.
Electorate
A geographical are comprised of approx. 110,000 voters represented by an MP.
Therefore, VIC, NSW and QLD will have more electorates & members due to population.
Coalition
A term that refers to a political alliance between two or more political parties that share the same views.
They form an alliance to work together, gain voters and form gov.
Crossbench
MPs who do not belong to major political parties.
They are either independent or MPs of minor parties.
Role of the Crown
(Govenor General)
The GG is the Crown’s representative in Cmth Plmt.
The current GG is David Hurley.
They are appointed by the King on the advice of the PM of the day.
The main role of the GG is to grant royal assent to legislation. This involves signing a bill on behalf of the Crown after it has been approved by both Houses. This is necessary for the bill to become a law and usually happens on advice from the PM.
GG is also advised by a minister if there are any mistakes in the bill & the bill is returned to plmt to suggest the change.
This power is granted by s58 of the Constitution and has been used very scarcely since plmt first sat in 1901.
Roles of the Lower House
- Introduce bills/make laws/amend existing laws
+ Make laws through introducing bills.
+ Introduce money bills. s53 of the constitution requires the bills in relation to gov spending must be initiated in the lower house - Representative gov
+ MPs should act in a way that reflects the views & values of the people that voted them into power, which can take the form of introducing bills or coming through on election promises - Scrutinise legislation
+ If a bill is introduced in the Senate, the lower house will act as a house of review where MPs will debate and scrutinise the legislation, making necessary amendments.
+ The opposition will also scrutinise and review bills passed by gov
Role of the Upper House
- Act as a house of review
+ One main role of the Senate in law making is to review bills passed by the lower house to ensure that they don’t disadvantage individual states - Ensure equal rep. of states
+ Each state has 12 members (2 for territory) to ensure equal representation regardless of population, allowing equal say in regard to amendments, ensuring equal state interests are upheld - Initiate bills
+ Senate can initiate bills, other than money bills, when a minister is a senator responsible for a particular area that is relevant to the bill being introduce
Victorian Parliament
Like that of the Cmth Plmt, Vic Plmt is bicameral; it is comprised of 2 houses, the Legislative Assembly and the Legislative Council.
The Head of State for Vic is the Crown represented by the Governor. They are appointed by the King on advice of the current day premier.
Vic state elections occur every 4 years.
The Legislative Assembly (Lower House)
The party that has majority seats in the Lower House, 45 out of 88, forms gov. A member represents a district between 46,000 to 56,000 voters.
The leader of the party becomes the premier. The current premier is Jacinta Allen.
The Legislative Council
(Upper House)
During the state election, voters also select 5 members to represent them in the upper house. There are 8 regions consisting of 5 members, making the Upper House consist of 40 members.
Role of the Governor
- Grant royal assent
+ Once a bill has passed both houses in identical form, the Governor will sign off on the bill on behalf of the Crown to create legislation.
+ The governor can withhold royal assent, though this is rare - Chair executive councils
+ Acts on the advice of the Executive Council and meets with these ministers of the Vic government to discuss legislative matters.
Roles of the Lower and Upper House for Vic Gov
The roles of the Legislative Assembly and Legislative Council remain similar to that of the Cmth houses, except representing regions and districts as opposed to electorates and states.
Establishing the Purpose of the Constitution
The Constitution was drafted before federation in 1901, when the idea of uniting the 6 colonies in one nation was being considered.
It can be considered like a rule-book for how Australia is governed, including elements such as;
> The structure of parliament (Chapter 1 Part 1)
> How the Constitution can be changed (S128 Chapter VIII)
> The rights of the people (S80, S117, S92)
> The role of the High Court (S75 and S76)
Division of Powers
Prior to federation, each of the 6 colonies had separate laws for their own residents. When the decision to federate was made, the colonies agreed to;
> Hand some powers over to the Cmth entirely (exclusive powers outlined in the Constitution)
> Share some powers with the Cmth parliament (concurrent powers that also appear in the Constitution)
> Keep some of their powers (residual powers that do not appear in the Constitution)
Determining the Division of Powers
To determine which powers the colonies had given up, which would be shared and which would remain with the states, S51 and S52 outlines the areas that Cmth parliament can legislate on.
All areas of lawmaking given to the Cmth parliament (exclusive and concurrent) are referred to as Specific Powers.
Exclusive Powers
Areas of lawmaking given only to the Cmth plmt to legislate on. States are excluded from legislating on these areas.
E.g.
> Customs and border protection
> Currency
> Immigration
Concurrent Powers
Shared area of lawmaking between the Cmth plmt and the states. This means that the states may legislate in these areas but if an inconsistency arises, Cmth law will prevail.
E.g.
> Marriage and divorce
> Taxation
> Railway
