Unit 3: AOS 1: Structure of Parliament and The Principals of the Parliamentary System Flashcards Preview

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Flashcards in Unit 3: AOS 1: Structure of Parliament and The Principals of the Parliamentary System Deck (39)
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1

Explain the seperation of powers

The principle relies on that their are three powers in our Parliamentary system. Those are executive, legislative and judicial.
Executive power, lies with the Queens representative, yet in principle is carried out by the prime minister and senior ministers. This power regards managing and applying the laws of country as well as running it's business.
Legislative power lies with the Parliament and is regarding the power to make laws.
Judicial power lies with the High Court and other federal courts and this power is to enforce the law and settle disputes.
This prinicple ensures that no one body has absolute power or control over the Australian Parliament.

2

Explain executive power and who it lies with

Executive power, lies with the Queens representative, yet in principle is carried out by the prime minister and senior ministers. This power regards managing and applying the laws of country as well as running it's business.

3

Explain legislative power and who it lies with

Legislative power lies with the Parliament and is regarding the power to make laws.

4

Explain judicial power and who it lies with

Judicial power lies with the High Court and other federal courts and this power is to enforce the law and settle disputes.

5

Outline the Structure of Victorian Parliament

The Victorian Parliament is comprised of two houses, an upper and lower house meaning it is bicameral. The Queen represented at this level in the form of governor. The upper house is known as the legislative council comprising of 88 members and the lower house is known as the legislative assembly comprised of 40 members.

6

Outline the role of the Crown in the law-making process

The Crown must give royal assent once is has been passed by both houses at Parliament, before it can become a law.

7

Define Representative government

Representative government is a government that reflects and represents the views of the majority of people. The government is comprised of representatives in which are elected by the people. These members represents electorates. They are elected at regular elections and if they fail to represent the needs of the majority of people they are likely to be voted out at the next election.

8

Explain the term bi-cameral system

The term bi-cameral system is one that refers to a Parliamentary system that is comprised of two houses, an upper and a lower house.

9

Explain how legislative and executive powers are combined

Legislative power and the executive power are combined in Australia, as the duties in practice are combined. The Governor General, Prime Minister and the cabinet all are a part of the governing body which is executive power. However they are also are part of Parliament which is legislative power.

10

Why is judicial power independent?

Judicial power has an independent nature and it is vital that it is kept seperate of the other two powers. The seperation of judicial power enables courts to be free of politics. It protects the freedom of the people in court and also enables judge impartiality. As it would be a conflict of interest if Parliament who makes the laws, could also prosecute and judge upon them.

11

Explain the principle of responsible government

The principle is based upon a governments accountablity to its voters. Ministers are responsible to people as they are responsible to Parliament. Ministers also have to undertake ministerial accountablity. Ministers must resign if they are not carrying out their role with integrity.

12

All prinicples of responsible government

-Ministers are responsible to people as they are responsible to the parliament. They also have to undertake ministerial accountablity.
-Members of Parliament have chances to question ministers over their roles and departments
-Ministers must resign if they are not carrying out their duty with integrity or propriety.
-Public can have a say and scrutinise lawmaking process.
-Public is able to view Parliament and access records.
Example: Susan Leigh

13

Reasons for Seperation of Powers

-Each department can perform checks and balances on one another.
-No one body will have absolute control or power
-Protects the freedom of people
-Protects the stability of government
-Seperates the bodies that make the law from those who enforce it.

14

What form of monarchy is Australia?

Constitutional

15

Who is the Crowns Representative at State Level?

Governor

16

Who is the Crowns Representative at Federal Level?

Govenor General

17

What is the structure of the Commonwealth Parliament?

Queens Repsentative (Governor General)
Upper House (Senate)
Lower House (The House of Representatives)

18

What is the structure of Victorian Parliament?

Queens Representative (Governor)
Upper House (Legislative Council)
Lower House (Legislative Assembly)

19

Explain the House of Representative

The House of Representatives is the lower house at Federal level. It is here where government is formed, the political party or coalition with the majority of seats in the House of Representatives will form government for the federal level. It consists of 150 members in which are elected from electorates, at elections that are held every three years. It is here where the majority of Bills are introduced, it is the only house that can introduce or amend financial Bills. The house of representatives also provides for a responsible and representative government.

20

What is the roles of the House of Representatives

-Initate and make laws
-Determine government
-Provide a responsible government
-Represent the poeple
-Publicise and scrutinise government administration

21

Explain the Senate and its role

The senate consists of 76 members (12 from each state and 2 from territories). Senators are elected for a six year term with half of the Senate retiring every three years.
Role
They can introduce any Bills expect those regarding expenditure or amend them, however can make suggestions for ammendments to Bills. The Senate can also act as a house of review for the lower house. The Senate provides for a responsible and representative government.
The Senate is also known as the states house, thus meaning that it represents the views of the states. Each state is represented equally with 12 senators despite the size of the state. The role of those Senators is to vauge for their states and represent their views.

22

Explain the Legislative council

-Upper house at the State level
-40 members representing 8 regions
-Acts as a house of review for legislation passed in the legislative assembly.
-Applys checks and balances that uphold the system of responsible government.
Cannot initate or amend financial Bills but can make suggestions.
-Scrutinise government
-Providing for a representative government

23

Explain the Legislative Assembly

-Lower house at state level
-88 members, it is the house of government
-Elected for a four year term
-The main role is to make laws
-Determines government
-They are elected to represent the views of the poeple therefore providing for a representative government.
-Control the expenditure at the state
-Elected from 88 electorates.

24

The Role of the Crown

-The Crown is represented by the governor general at federal level.
-Responsiblity of appointing a federal executive council
-To grant or withhold royal assent to Bills that have been passed by both houses
-Act as head of state
-Ensures the democratic system operates effectively
-To excersise reserve powers

25

Explain Reserve Powers

-To appoint a prime minister is an election has resulted in a "hung parliament".
-Dismiss a prime minister who has lost the confidence of the Parliament or who is acting unlawfully
-The power to dissolve or refuse to dissolve the House of Representative, despite a request from the prime minister.
i.e Whitlam Government

26

Who has the power to withhold royal assent

Federal Level- Power to withold
State Level- No Power to withhold

27

Explain the exectuive council

In theory is is held by the Crown however in practice is carried out by the prime minister and senior ministers to give advice about the Commenwealth, establish departments, appoint minsters to departments, and to approve delagated legislation.

28

Explain time for Public Debate

The passing of a Bill may to delayed to allow for the public to comment on the issue, it is a way for gauging the popularity of the propsoal. Example the Juries Act (2000) (Vic) was introduced in the 1999 and proposed to introduce majority verdicts in murder trials. There was a great deal of public concern about this proposal and it was then omitted from the Final Act (2001).

29

Explain restrictions on Parliament

Parliament is the supreme law-making body and is able to overrule any law created by the courts and subordinate authorities, however it is restricted by the Constitution. Each Parliament can only pass laws within its jurisdiction.

30

Explain the laws should reflect societies values

If a law is to be effective then it must reflect the values of society so as society's values change so must the laws.