Factors that Influence Lawmaking - Bicameral Structure

Question 1

Four main ways that the bicameral structure of parliament can affect lawmaking

Answer 1

• Composition of the Upper House
• The ‘rubber stamp’ effect
• A hostile Senate
• Sitting days

Question 2

Composition of the UH

Answer 2

• Refers to which Senators hold seats, and what party they are from
• Is often a more evenly distributed outcome, despite a majority for the government in the LH
• Often a balance of power (where no major party has a majority) occurs, after which the crossbenchers hold the power so the bills can be passed
• Allows the crossbench to force amendments or reject bills entirely if they are dissatisfied

Question 3

The ‘rubber stamp’ effect

Answer 3

• Occurs when the government holds a majority in both the Lower and Upper House
• Due to the tendency to vote along party lines, this means legislation is unlikely to be appropriately reviewed and diluted
• Can allow for the government to quickly and effectively introduce and pass bills that uphold election promises

Question 4

A hostile Senate

Answer 4

• A situation in which the government does not hold a majority in the UH, and the opposition and crossbenchers are deliberately blocking bills introduced
• Can cause significant delays or lack of reforms that are intended to give the people what they voted for

Question 5

Number of sitting days

Answer 5

• Involves how frequently MPs must attend and ‘sit’ in Parliament to introduce, debate and vote on laws
• In 2024, the LH sat for 65 days, and the UH for 57
• Limited number of sitting days causes significant delays to lawmaking processes
• Parliament is able to delegate lawmaking to councils or ministers if clearly required

Question 6

Strengths of the bicameral structure on the ability of parliament to make law

Answer 6

• The inclusion of the second house prevents the government from passing legislation that aligns solely with their political agenda, rather than the views and values of constituents
• Ensures all bills are reviewed and debated to ensure the government of the day does not alter the law dramatically without scrutiny
• The ‘rubber stamp’ effect increases the speed at which new laws can be passed, overcoming the challenge posed by limited sitting days
• In the UH where there is a balance of powers, this can ensure that amendments dilute the original legislation

Question 7

Weaknesses of the bicameral structure on the ability of parliament to make law

Answer 7

• A hostile upper house can delay the speed at which bills are passed
• Stubborn crossbenchers who hold the balance of power in the UH can force the parliament to alter bills for specific interests that won’t represent the views of the population
• The ‘rubber stamp’ effect can mean that bills undergo little to no consideration
• The law making process in terms of debating, introducing and voting is extremely lengthy and must be carried out for every bill
• The limited number of sitting days meant that the lawmaking process can only occur on these days and cause significant delays