Government and Democracy: The Legislature Flashcards
(30 cards)
The Separation of Powers
a doctrine established by the Australian Constitution that ensures that the three powers of our legal system remain separate
The Constitution
a document containing guidelines and principles to outline how the country will be run
The Roles of the Constitution
- Outlining the 3 arms of power in the Australian governance
- Outlining legislative powers of the the Federal Parliament
- Outlining role of the Governor-General and the administration of the legislation
- Outlining the way the High Court operates
The Legislature
The branch of governance with the primary power to pass legislation, chiefly the Parliament
The Executive
The branch of governance with the primary power to administer legislation and manage the business of governing, chiefly the Governor- General along with the Prime Minister and other senior ministers
The Judiciary
The branch of governance with the primary power to interpret and apply legislation, chiefly the High Court and state courts
How the SoP is achieved
- The parliament (legislature) is separate from the judiciary and cannot interpret and apply its own laws to resolve disputes, a role reserved for courts- limits risk that parliament gaining total control and ensures that the courts can independently make ‘just’ decisions
- The High Court can interpret the Constitution to validate or invalidate legislation made by Parliament- allows the High Court to act as a check on the Parliament, ensuring that they pass legislation within powers given under the Constitution
How the SoP is not truly achieved
- There is an overlap between the Legislature and Executive through the Governor-General and senior ministers- may not effectively act as an independent check on the Parliament before administering legislation
Division of law-making powers and what are they
the distribution of law-making power between the Commonwealth and the 6 states from Federation
1. Exclusive powers
2. Concurrent powers
3. Residual powers
Exclusive powers
law-making powers that only the Commonwealth parliament can exercise, including defense and currency
Concurrent powers
law-making powers that are shared between the Commonwealth parliament and state parliaments, including marriage and taxation
Residual powers
law-making powers that are not addressed in the Constitution and are therefore retained by the state parliaments, including public transport and urban planning
McBain Case
KEY FACTS- Dr. John McBain refused to serve a single patient with an IVF, who was a female, in fear of going against The Infertility Treatment Act 1995 (Vic) and the Sex Discrimination Act 1984 (Cth)
ISSUE- Whether or not women are required to be married/ in a de facto relationship to qualify for infertility treatment under the Infertility Treatment Act as it conflicts with the Cth discrim law
DECISION- Justice Sandberg concluded that under section 109, the Commonwealth rule overrides the state law, so women don’t have to be in a relationship to receive infertility treatment
IMPACT- Declare Vic legislation, to the extent that it was inconsistent with the Commonwealth legislation, was invalid
Bicameral structure of Parliament
having two chambers or houses (upper and lower)
House of Reps. (Who they represent)
They represent the whole of Australia as a whole. Each state broken down into electorates- House of Reps has 150 electorates
House of Reps. (Length of term)
3 Years
House of Reps. (Roles)
- Forms government from the political party or coalition with most seats to represent the interest of the majority of Australians
- Represent the values of people who elected them- they represent Australia as a whole when taken as a sum
- Introduce bills, which is debated and scrutinized by the House and if the House votes in favor, the bill is sent up to the Senate to be reviewed
- Review, scrutinize and debate any bills from the Senate. Bills can originate in the Senate
Senate (Who they represent)
12 for each of the six states and 2 for each two territories
Senate (Length of term)
6 years
Senate (Roles)
- Review bills passed from the House of Reps.- act as a ‘house of review’ by scrutinizing bill and debating value to Aussie people
- Representing views and priorities of the states and territories
- Introduce bills- not typical, but can be debated and sent down to the House of Reps.
Governor- General (Who)
representative of the Crown to the Australian Commonwealth Parliament
Governor- General (Roles)
- Administer legislation by giving royal assent to laws made by the house of parliament thereby lending them legitimacy under the constitutional monarchy
- Review bills for errors and suggest amendments to the bill, in which case the bill must be sent down to both houses before returning back for royal assent
Legislative Assembly (who they represent)
Victorian people as a whole- state broken into districts- 88 of them
Legislative Assembly (Length of term)
Every 4 years
