U4 AO2 1a lesson 8: factors that affect the ability for parli to make laws Flashcards
bi-cameral structure of parli (13 cards)
influence of bicameral structure on lawmaking ability
- composition of the upper house
- rubber stamp effect
- hostile senate
- sitting days
impact of composition of upper house
The composition of the Upper House refers to the number of seats that are held by Senators and, from what political parties they are from.
When the gov does not hold majority in the UH, it may face difficulties in implement legislative policy because the cross-bench can force gov to make amendments to their bills or, reject them entirely by voting with the opposition
balance of power
A situation where no major party has majority of seats in one or both Houses of parliament, meaning the power to approve or reject bills are is held by he cross-benchers
impact of number of sitting days
the days in which MPs are required to attend and ‘sit’ in parliament to consider and debate bills/policies. They are also required to participate in ‘question and answer’ time to hold governments accountable.
In 2024, the HOR sat for 65 days, and the Senate sat for 57 days.
The Legislative Assembly in Victoria sat for 48 days.
impact of rubber stamp effect
The ‘rubber stamp’ effect occurs when government holds majority of seats in both the Upper and Lower House. As a result, legislation can pass through what is known as the ‘rubber stamp’ effect meaning that bills are not adequately debated and scrutinised.
MPs from both the Upper and Lower House are more likely to vote ‘along party lines’ to show unity rather than to critically challenge features of the bill.
rubber stamp
showing approval without adequately checking over something
impact hostile upper house
refers to a situation where government does not hold majority in the Upper House.
As a result, members of the opposition or cross-benchers may try to deliberately block or reject initiatives introduced by government in the LH
strength of bicameral structure: one house
- If the parliament consisted of only one house, the government could pass legislation that aligns solely with its political agenda rather than the views and values of constituents. The inclusion of a second house can prevent this from happening.
strength of bicameral structure: majo in UH + LH
- When the gov holds a majority in both houses, it may be able to pass bills with few barriers from conflicting parties, therefore increasing efficiency + effectiveness at which new laws can be passed.
This can help overcome the challenge posed by the limited sitting weeks of parliament.
only barrier to government is passing an ineffective law that may risk them not being re-elected in the next election.
strength of bicameral structure: higher level of scrutiny
- An upper house, in which the government does not have a majority, will conduct a higher level of review on proposed legislation, assisting in improving the quality of parliamentary law-making
weakness of bicameral structure : balance of power
*If particularly stubborn MPs hold the balance of power in the upper house, they may force the government to alter bills for specific interests that may not represent the views of the broader population.
weakness of bicameral structure: hostile UH
A hostile upper house can delay the speed at which bills are passed by the parliament or lack of law reforms being introduced by government
weakness of bicameral structure: less sitting days
MPs are only required to be in parliament for less than half of the year. Therefore, as the law-making process can only occur when the parliament is ‘sitting’, there can be weeks where no law-making is carried out by parliament.
