unit 1 - government and democracy (part 2 - the legislature i)

Question 1

Define the separation of powers.

Answer 1

A doctrine established by the Australian Constitution that ensures the three powers of our legal system (i.e. the legislative, the executive and the judiciary) remain separate.

Question 2

What is the Constitution?

Answer 2

The highest law in Australia which guides the institutions and processes around passing legislation.

Question 3

What are the 4 roles of the Constitution?

Answer 3

• outlining the three arms of power in Australian governance
• outlining legislative powers of the Federal Parliament (incl. the kinds of legislation the Commonwealth is allowed to make)
• outlining the role of the Governor-General and the administration of legislation
• outlining the way the High Court operates

Question 4

What is the Legislature?

Answer 4

The branch of governance with the primary power to pass legislation, chiefly the Parliament.

Question 5

What is the role of the Legislature?

Answer 5

To pass legislation for the good governing of their people.

Question 6

What does the Legislature consist of?

Answer 6

The King (represented by the Governor-General) and the two houses (the Senate and House of Representatives).

Question 7

What is the Executive?

Answer 7

The branch of governance with the primary power to administer legislation and manage the business of governing, chiefly the Governor-General at the Commonwealth level along with the Prime Minister and senior ministers.

Question 8

What is the role of the Executive?

Answer 8

To administer legislation by giving royal assent to laws made by the houses of parliament, thereby lending them legitimacy under the constitutional monarchy.

Question 9

What does the Executive consist of?

Answer 9

The Governor-General, the Prime Minister (as leader of the government) and senior ministers (members of Parliament with special responsibilities).

Question 10

What is the Judiciary?

Answer 10

The branch of governance with the primary power to interpret and apply legislation, chiefly the High Court (and also state courts).

Question 11

What is the role of the Judiciary?

Answer 11

To interpret and apply legislation, particularly made by the Legislative.

Question 12

What does the Judiciary consist of?

Answer 12

The High Court of Australia and the courts of the state.

Question 13

How is the separation of powers achieved?

Answer 13

Through a system of checks and balances on each of the three branches of governance to ensure that power is not concentrated in one set of hands.

Question 14

Define checks and balances.

Answer 14

Counterbalancing influences or powers in a system that ensure accountability and limit the risk of total control by one branch of power.

Question 15

How is the separation of powers well achieved?

Answer 15

The Parliament (Legislative) is separate from the Judiciary and cannot interpret and apply its own laws to resolve disputes.
The High Court can interpret the Constitution to validate or invalidate legislation made by Parliament.

Question 16

How is the separation of powers not well achieved?

Answer 16

There is an overlap between the Legislature and Executive through the Governor-General and senior ministers.

Question 17

Define the division of powers.

Answer 17

The distribution of law-making (legislative) power between the Commonwealth and the six states from Federation, as described in the Constitution.

Question 18

Identify the three divisions of power.

Answer 18

Exclusive powers
Concurrent powers
Residual powers

Question 19

Define exclusive powers.

Answer 19

Law-making powers that only the Commonwealth Parliament can exercise.

Question 20

Provide examples of exclusive powers.

Answer 20

Defence
Currency
Immigration

Question 21

Define concurrent powers.

Answer 21

Law-making powers that are shared between the Commonwealth Parliament and state Parliaments.

Question 22

Provide examples of concurrent powers.

Answer 22

Marriage
Taxation

Question 23

Define residual powers.

Answer 23

Law-making powers that aren’t addressed in the Constitution and are therefore retained by the states.

Question 24

Provide examples of residual powers.

Answer 24

Public Transport
Urban Planning

Question 25

What are the two main ways in which inconsistent laws may arise?

Answer 25

1. inconsistent laws in an area of concurrent law-making power 2. inconsistent laws are passed in separate areas (exclusive and residual), creating conflict in their operation.

Question 26

Define a bicameral parliament system.

Answer 26

Having two chambers or houses (upper and lower).

Question 27

Who does the House of Representatives represent?

Answer 27

The Australian people as a whole, through 150 electorate representatives.

Question 28

How long is a term in the House of Representatives?

Answer 28

3 years

Question 29

What are the roles of the House of Representatives?

Answer 29

- forms government from the political party/coalition with the most seats to represent the interests of the majority of Australians (over 76 seats) - represents the values of the people who elected them - this means those of their electorates who represent Australia as a whole when taken as a sum - introduce bills - when a member will introduce a bill, the House will debate and scrutinise it. if the House votes in favour by majority, the bill is passed to the Senate for debate and consideration. - review, scrutinise and debate any bills from the Senate (rare)

Question 30

Who does the Senate represent?

Answer 30

Each state/territory equally, regardless of population.

Question 31

How long is a term in the Senate?

Answer 31

Each Senator has a 6 year term. Half the seats are elected at each election.

Question 32

What are the roles of the Senate?

Answer 32

- review bills passed from the House of Reps - in doing so, they act as a 'house of review' by scrutinising bills and debating their merit/value to Australians - representing the views and priorities of the states and territories (to some extent - each state has 12 senators, whereas each territory only has 2) - introduce bills (rare) - the Senate may introduce any type of bill within the legislative power of the Commonwealth with the exception of those raising money

Question 33

Who is the Governor-General?

Answer 33

The representative of the Crown (King Charles III) to the Australian Commonwealth Parliament.

Question 34

What are the roles of the Governor-General?

Answer 34

- administer legislation by giving royal assent to laws made by the houses of parliament, thereby lending them legitimacy under the constitutional monarchy - review bills for errors and suggest amendments to a bill (rare), in which case the bill is then sent back down to both houses