Chapter Six

Question 1

Define Statute

Answer 1

The name given to an act of Parliament, classified as a type of law

Question 2

Define Act of Parliament

Answer 2

Legislation which starts out as a bill in Parliament and becomes an Act if it passes

Question 3

Define Common Law

Answer 3

Law determined in the courts by a magistrate, based on Precedent

Question 4

Define Legislation

Answer 4

The passage of bills going through the parliament and becoming an act

Question 5

Define Mandate

Answer 5

A mandate is the right from the public for the government to make bills

Question 6

Define Delegated Legislation

Answer 6

Grants that give certain law making powers to lower authorities so that they can make smaller less important decisions that Parliament does not have time for

Question 7

Define Executive

Answer 7

The body of the cabinet, the Prime Minister and his senior ministers, that form government due to their majority in the lower house

Question 8

Define Cabinet

Answer 8

The ministers and Prime Minister who form from whomever holds the majority in the lower house

Question 9

Define Parliamentary Counsel

Answer 9

The office that is responsible for the careful drafting of bills that are proposed to them by politicians. Government bills will almost always be given priority

Question 10

Define Legislative Assembly

Answer 10

The name given to the lower house of a Parliament

Question 11

Define Bicameral Parliament

Answer 11

A two housed Parliament

Question 12

Define Legislative Council

Answer 12

The name given to the Senate

Question 13

Define Speaker of the Legislative Assembly

Answer 13

The person who directs the lower house of Parliament ensures that the standing rules are followed.

Question 14

Define President of the Legislative Council

Answer 14

The person who directs the upper house of Parliament and ensures that the standing rules are followed.

Question 15

Define Governor

Answer 15

The Queens representative in state government

Question 16

Define Governor General

Answer 16

The Queens representative in federal government

Question 17

Define Bill

Answer 17

A law that has not been approved yet and is still transitioning through Parliament

Question 18

Define Initiation of Bill

Answer 18

Bills become listed on the parliamentary notice board, non fiscal bills can be initiated in the lower or upper house.

Question 19

Define First Reading

Answer 19

The minister or member produces a copy of the bill for the house and it is then read out by the clerk of the house.

Question 20

Define Second Reading

Answer 20

Here the member or minister will read out the bill in detail (it is usually covered by the minister in that area eg. the minister for education will read out an educational bill). Because a bill might not be entirely clear in its wording, judges can use the minister’s explanation to clarify what is said in the bill.

Question 21

Define Consideration in Detail

Answer 21

Here potential amendments can be introduced and voted on and the bill can be debated in full. If the bill is non-controversial this stage can usually be skipped entirely, but if it is extremely controversial the bill can be referred to s standing committee or a select committee.

Question 22

Define Third Reading

Answer 22

Here the bill with any agreed upon amendments is voted on and almost always passed, since the government will almost always have the majority in the lower house.

Question 23

Define Presentation to the other House

Answer 23

If the bill is passed in the lower house, it then has to follow the same process in the upper house where more often than not the government will not have a clear majority, thus the government is often at the mercy of the upper house if they want to pass any bills. It must be noted that if any amendments are made in the upper house they must be agreed upon again in the lower house and vice versa.

Question 24

Define Royal Accent

Answer 24

For a bill to become and act, after it has passed through both house of parliament it must receive royal accent from the governor or governor general. By political convention they will always give their assent to the bill no matter what.

Question 25

Define Proclamation

Answer 25

The bill may have a date at which it becomes active, if not when it gets published in the Government Gazette the law becomes enforceable.

Question 26

Define Hung Parliament

Answer 26

A hung parliament occurs when a party forms government without holding the majority in a lower house. This means that it is very difficult for the government to pass any bills through either house.

Question 27

Define Select Committee

Answer 27

A committee within parliament containing a balanced number of representatives from all the parties in a house. Select communities are created temporarily in order to deal with short term issues.

Question 28

Define Standing Committee

Answer 28

A committee within parliament containing a balanced number of representatives from all the parties in a house. Standing Committees are permanent and will have a specific ongoing duty.

Question 29

Define Standing Orders

Answer 29

The rules of parliament, such as who can speak when and how a bill must be introduced into a house.

Question 30

Define Presiding Officer

Answer 30

A member who is elected as speaker of the house, who ensures that parliamentary procedures are carried out in accordance to parliamentary custom and standing orders.

Question 31

Define Private Member's Bll

Answer 31

A private members bill is a bill introduced by an MP who is not a member of the executive. Often a government will use private members to launch bills that they support but too contentious to be introduced by the executive.

Question 32

What three factors ensure that legislation is democratically valid?

Answer 32

In order for legislation to be democratically valid it must allow for a wide range of input from within and without parliament, it must arise from a currently debated issue or be part of an election promise and it must be subject to a wide range of criticism. Laws should be an accurate representation of the social values of society, therefore legislation should be drawn and have input from as much of society as it can be. They should also be part of a current issue that attempts to remedy a problem or improve something that is wrong. Finally, in order to make the law the best it can be and the most representative of society it can be it should be subject to vast criticism from all of parliament.

Question 33

What are some pros and cons of using delegated legislation?

Answer 33

In favour of delegated legislation, smaller councils and other bodies can be made to work on less significant administrative issues which leaves parliament more time to make bigger and more important decisions. It also allows experts to work in their specialist fields, such as a member of council who lives in the area and knows what is best for it. Against delegated legislation however, it can create confusion for people travelling between multiple councils and it can also be hard for courts to have to examine the acts of delegated legislation if they want to inquire into a specific council. Moreover, there is always the chance that it can allow bodies to come corrupt with power albeit councils can be investigated by the courts and also have commissions launched into their activities.

Question 34

List three sources for legislative ideas and detail what impact they make

Answer 34

The media can be a major catalyst for legislative ideas. They receive a very large audience and can easily convince people to think in a certain way. They can be seen as a somewhat accurate portrayal of the majority of society since they make stories to get the most number of viewers they can, therefore politicians are inclined to source the media for legislative ideas in order to gain the support of their viewership. Direct action such as protesting can be a very effective way of way of creating legislature since they will often receive a lot of media attention and the impact that their protests make can often make them seem more representative of society then they actually are. Public forums such as party community events and local summits generally represent the interests of the people attending and a section of society at large, so again politicians will create legislation from their desires in order to satisfy them and gain their votes.

Question 35

What problems can occur when drafting bills?

Answer 35

People who are working within the parliamentary counsel are often under massive pressure and time constraints so as a result of this bills can often be rushed and contain errors. Furthermore, words can mean very different things to very different people and often what a minister wants in a piece of legislation can be entirely different from what the parliamentary counsel put onto a bill.

Question 36

Why are private members bills rarely successful?

Answer 36

Private member’s bills are incredibly hard to pass through parliament, only 20 have passed since federation. The house selection committee decides when to put a bill into a sitting parliament and if they don’t like the look of a bill they will often place it in the worst time slot, and the government almost always has the control to see if the bill is passed.