Flashcards in CHAPTER 2 Deck (46):
What does s7 do?
- Established the senate as states house with equal representation for each original state, surreally 12 senators each, with territories having 2 senator each
- requires the senate be ‘directly chosen by the people’ thus democracy
What does Section 24 do?
- establishes HOR as a people’s house with representation in proportion to the population of the states
- requires the HOR to be ‘directly chosen by the people’ and is thus democratic
- requires the House to be twice the size of the senate ( nexus clause)
- limits original states to have no less than 5 members in the HOR- (tas only has pop for 3; wa had 16)
What does Section 51 do?
Contains a list of legislative commonwealth concurrent heads of power under which parliament can make legislation, but not an exhaustive list as other powers are located elsewhere in the constitution.
What does Section 53 do?
- Imposes a limit on the senates power to legislate money bills but otherwise states that the senate has equal powers to the house
- removes possibility of rival government
What are the 4 functions of parliament?
Representative- represent the people of a nation
Legislative- make statute laws, both money and non money acts
Responsibility- hold executive government to account
Debate- nations premier forums for discussion of issues
How to define parliament style?
Washminster hybrid- as it adopts features from both the US or Washington model and he British Westminster system
What are exclusive powers?
Powers exclusive to the commonwealth
What are concurrent powers?
Powers that belong to both commonwealth and state parliament.
Section 109 do?
Contains mechanisms for resolving conflicting legislation if the commonwealth and a state/s pass inconsistent laws under these shared powers
What is residual power?
Legislative Power of the states. S107 Preserves the states powers ( that that haven’t been exclusively granted to the commonwealth parliament )
What does s106 do?
Reserve the state constitutions
What does s108 do?
Preserve the states laws
+ verify this plz
What are powers that are exclusive by nature?
Heads of Power that are concurrent however it is illogical for the states to make laws about these matters
Eg. 51(is) ‘quarantine power’
Why is s51 (vi) exclusive?
Defence power made exclusive by s114 when prohibits the states from having armed forces
S119 also allows commonwealth to protect the state from invasion
What does Australia adopt from the US?
- written federal constitution
- upper ‘house of states’ ( the senate)
- strong bicameralism- powers equal
What does Australia adopt from the UK?
- constitutional monarchy with queen incorporated into the parliament
- lower house of government (HOR) formed by whoever commands majority
- responsible parliamentary government operating under unwritten constitutional conventions
What does s1 do?
State that legislative power is vested in federal parliament including the queen, senate and HOR
What does s28 do?
Sets 3 year maximum term for HOR
What does s13 do?
Sets the term for senators which is.....
In theory how is parliaments representation function upheld?
Reflection of the will of the people
- s7 and s24 ‘directly chosen by the ppl’
- delegate and trustee representation theory’s
+ Mps are expected to talk to ppl and take their issues to parliament
In practice how is parliaments representation function upheld?
- Reflection of will of majority is mainly partisan due to political party dominance, with ppl voting for leaders instead of local reps. Eg Kevin 07 campaign
- though their expected t talk to ppl, they can’t talk to every single individual
-s7 & s24 still operate in practice
- senate is also very diverse due to STV system that influences a voters ability to direct their votes/ preferences better than previously & makes it easier for minor parties to be elected
In theory how is parliaments legislative function upheld?
Legislative function is power to initiate, a,end pass and repeal legislation. S51,s53,s52
in theory are to make laws that are...
- scrutinised by statutory process
-have diversity of input
-can be initiated by any MP
- follows statutory process
In practice how is parliaments legislative function upheld?
- parliament is efficient Eg. 2013 Gillard government passed 139 bills and government is often able to act quick in crisis Eg. July 2016 Emergency amendments to migration act by abbot gov
- ability for bills to be scrutinised and debated with variety of input is limited by gagging the second reading debate, guillotining debate and floodgating bills. (Exec dominance allows this)
-PMB rarely passed Eg. 2015 SSM bill shorten bill
- lack of exec dominance in senate creates more diversity of input and makes it
In theory how is parliaments Responsiblity function upheld?
- exec drawn from and accountable to leg
Gov only exists with support if House. Are expected to resign if motion of no C passed, No C votes hold gov to account and allow mechanism for exec dismissal (CMR)
-individual ministers can also be dismissed by C motions (IMR)
- question time holds exec accountable
-expenditure must be approved each yea by both houses (scrutiny)
In practice how is parliaments responsibility function upheld?
- gov has majority in HOR+ dominance of party discipline = unlikely for motion of no C to pass.
- C motions unlikely to pass in HOR. In senate more likely but lack of weight of Westminster convention = ministers don’t resign Eg, George brands
- question time occurs each sitting day. A without and with notice = ACCOUNTABILITY
- exec hold man in HOR so budget will pass. S53 senate can not initiate or amend,
Eg. senate can technically reject tho Eg. 1975 crisis
Eg. ABCC bill deadlock = DD election resolution
In theory how is parliaments debate function upheld?
- second reading
- question time
- consideration in detail
- committee system
In practice how is parliaments debate function upheld?
Debate limited by...
Why is parliaments representative function in decline?
- party disciple and loyalty forces parliament to be more partisan than delegate or trustee for constitutes
- majoritarian electoral system eliminates community diversity ( because 2 party system) being reflected in the ‘house of the the people’ and ‘house of government’
Why is the parliaments legislative function in decline?
- dominance of political executive in HOR prevents PMB from non governing parties being introduced, debated and passed
- dominance of political executive in HOR virtually guarantees passage of government initiated legislation and enables it to floodgate bills as well as gag and guillotine legislative debate.
Why is the parliaments responsibility function in decline?
- executive dominance in HOR in times of majority gov = no accountability
-ability for political exec to pass standing orders and rules around question time ( favour their own party)
- RPG undermined by executive dominance = unlikely for motions of no C to pass + C motions can’t remove senators
Why is the parliaments debate function in decline?
- ability for exec to gag and guillotine debate through its control of standing orders in HOR
- majoritarian electoral system = lack of diversity in HOR = deficiency in views being expressed in forms of debate
What are the elements of good government?
Follows the rule of law
Equitable and inclusive
Effective and efficient
How does the commonwealth parliament deliver good government through accountability?
- despite exec dominance house may asked questions of ministers that they must answer truthfully to
- despite Gags and guilltines and other govt tactics the house can still highlight major issues with leg and conduct debate
- exec usually doesn’t control senate which ensures a BOP holding govt accountable flooding diversity of inputs and views
-senate has power to reject bills from the house to propose amendments of bills and initiate its own bills (esp s53) they can also disallow regulations
Eg.2014 senate held Abbott govt accountable for not passing promised parts of budget bills
How does the commonwealth parliament deliver good government through transparency?
- cabinet scrutinised and other parties within parliament ( eg, questioning, committees + parliamentary procedures)
- senate committee x2 yearly estimates hearings into affairs of exec
- gov must explain itself to its own part
How does the commonwealth parliament deliver good government through following rule of law?
- constitution and acts bind executive
- HC can define exec power
How does the commonwealth parliament deliver good government by being responsive?
- short election cycle of of 3 years keeping government responsive
- exec responds to community concerns raised by party members
-debates and questions raised by non gov members
- gov sometimes must negotiate and accept senate amendments to bills. ( responsive to community concerns reflected through the senate)
- minority governments more responsive to proposals of minorities and other parties
How does the commonwealth parliament deliver good government by being equitable and inclusive ?
- HOR and senate representatives of a broad range of community interests and opinions
- parliamentary joint committee on human rights scrutinised bills for human rights compliance
How does the commonwealth parliament deliver good government by being effective and efficient?
- executive usually majority gov (exec dominance) meaning generally stable and unlikely to fall to votes of no confidence
- preferential voting delivers clear majorities of
Define the term political power?