unit 4 aos 1 the people and the law-makers

Question 1

what is the commonwealth parliament made up of?

Answer 1

the king, house of representatives (lower house), senate (upper house)

Question 2

what are two key roles of the commonwealth parliament

Answer 2

to make laws, and to represent the people of
Australia.

Question 3

6 roles of the house of representatives in law making

Answer 3

initiate and make laws, determine the government, act as a house of review, control government expenditure, represent the people and scrutinise government administration

Question 4

4 roles of the senate in law making

Answer 4

act as a house of review, allow for equal representation of the states, initiate bills, scrutinise bills and government administration

Question 5

what is the victorian parliament made of

Answer 5

• the King (represented by the governor of Victoria)
• the Legislative Council (the upper house)
• the Legislative Assembly (the lower house).

Question 6

6 roles of the legislative assembly in law making

Answer 6

initiate and pass bills, form government, scrutinise government administration, represent the people, act as a house of review, control government expenditure.

Question 7

3 roles of the legislative council in law making

Answer 7

act as a house of review, initiate and pass bills, acrutinise government administration

Question 8

royal assent

Answer 8

The Crown’s representative in both the Commonwealth Parliament (the Governor-General) and the Victorian Parliament (the Governor of Victoria) is required to approve bills before they can become law.

Question 9

3 roles of the crown in law making

Answer 9

• granting royal assent
• withholding royal assent
• appointing the Executive Council.

Question 10

who does the executive council comprise of (3)

Answer 10

• the leader of the government (the prime minister at the federal level and premiers at the state level)
• senior ministers
• assistant ministers.

Question 11

what are the 3 law making powers

Answer 11

residual powers, exclusive powers, concurrent powers.

Question 12

residual powers + 3 areas of govern

Answer 12

law-making powers that were left with the states. The Commonwealth Parliament generally has no authority to make laws in these areas.
Road laws, Education, Public transport

Question 13

exclusive powers + 3 areas of govern

Answer 13

law-making powers that are held only by the Commonwealth Parliament, and only that parliament can create laws in these areas (the states cannot create law in those areas)
Defence, Currency , Customs and border protection

Question 14

concurrent powers + 3 areas of govern

Answer 14

law-making powers that are shared by the Commonwealth and the state parliaments.
Trade, Taxation, Marriage and divorce

Question 15

3 features of section 109

Answer 15

Designed to help resolve conflicts and inconsistencies
Different and conflicting laws can’t be obeyed at the same time
Allows Commonwealth law to overrule state law

Question 16

quote section 109

Answer 16

When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Question 17

2 limitations of section 109

Answer 17

Does not operate automatically (state law that is inconsistent with commonwealth law is not automatically invalid).
The law needs to be challenged.

Question 18

what jurisdiction does the high court have? (2)

Answer 18

under section 75 of the australian constitution:
* in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party
* between states, or between residents of different states, or between a state and a resident of another state.

Question 19

what are 3 things that the high court does/is

Answer 19

The High Court is the guardian of the Australian Constitution
It interprets its words and gives meaning to it
The High Court determines if laws that are made by parliaments are valid under the constitution

Question 20

3 ways the high court impacts parliamentary law making power

Answer 20

The High Court will declare legislation invalid if it is outside of the Parliament’s law-making jurisdiction
The High Court will declare any legislation which encroaches on express rights or implied rights to be invalid
The Court upholds the separation of powers by declaring any legislation which gives MP’s judicial power invalid

Question 21

3 limitations of the high court in impacting parliamentary law making

Answer 21

The Court is not proactive in limiting the power of parliaments as it waits for legislation to be challenged
Challenging legislation is time consuming and difficult
The High Court cannot award damages to those who suffer from a parliament breaching its law-making ability. It is merely deemed invalid

Question 22

2 facts about the brislan case

Answer 22

Williams was charged under the wireless telegraphy act (1935) with having a radio without holding a license.
she challenged the validity of the act in the high court claiming the constitution did not give the commonwealth parliament power to make laws about wirelesses

Question 23

what was the high court’s decision in the brislan case?

Answer 23

The wireless telegraphy act was found valid, which made communication a concurrent power.

Question 24

impact/significance of brislan case (2)

Answer 24

This shifted the power away from the states. It also meant that the Commonwealth had moved into an area of residual power as broadcasting to wireless sets was not mentioned in the Constitution.
Provides an example of how the High Court can change the division of law making powers

Question 25

external affairs powers

Answer 25

The Australian Constitution (Section 51(xxix)) gives powers to the Commonwealth to make laws in relation to ‘external affairs’ (international agreements) The High Court of Australia has interpreted this section as giving parliament the power to pass legislation, giving effect to obligations under international law

Question 26

international treaty

Answer 26

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws (also known as an international convention)

Question 27

2 facts about the tasmanian dam case

Answer 27

The land space which was set for the construction of a dam came under dispute as the area was protected under an international agreement: Convention Concerning the Protection of the World Cultural and Natural Heritage (1972) The World Heritage Properties Conservation Act 1983 (Cth) was passed to prohibit the development of a dam, but the Tasmanian government argued that it was an area of state responsibility, whereas the Commonwealth government argued it has the power because it was an ‘external affairs’ power

Question 28

impact of the tasmanian dam case (2)

Answer 28

External affairs powers can be applied to any matter that is contained in an international agreement The Commonwealth Parliament is able to legislate in areas in which it has no express constitutional power if it were given effect to its international obligations

Question 29

3 limitations imposed on external affairs powers

Answer 29

Extending beyond the treaty. It cannot legislate in an unlimited manner beyond what the treaty defines The agreement must be bona fide (legitimate) The parliament power to legislate is limited by express rights.

Question 30

bicameral parliament

Answer 30

a parliament with two houses (also called chambers).

Question 31

what happens if there is a majority in the upper house?

Answer 31

it can pass bills easily, although the review process may be limited. This is known as ‘rubber stamping’ bills.

Question 32

rubber stamp

Answer 32

a term used to describe a situation in which the upper house of parliament automatically approves decisions made in the lower house because the government holds a majority of seats in both houses and members of the government generally vote along party lines

Question 33

what happens if there is no majority in the upper house

Answer 33

this can increase the ability of the upper house to act as a check on parliament in law-making. It means there is no guarantee of the bill passing both houses, particularly more controversial bills, and can result in robust discussion and amendments to satisfy minor parties or independents, thus enhancing the parliament’s effectiveness. can be known as a hostile upper hosue

Question 34

balance of power

Answer 34

a situation where no single party has a majority of seats in one or both houses of parliament, meaning the power to reject or approve bills is held by a small number of people (independents)

Question 35

hostile upper house

Answer 35

a situation in which the government does not hold a majority of seats in the upper house and relies on the support of the opposition or crossbench to have their bills passed

Question 36

what is the purpose of a bicameral parliament?

Answer 36

The existence of two houses allows for review of legislation by the second house. This review process acts as a ‘quality control’ to ensure bills can be double-checked and debated, and amendments can be suggested. It also provides for checks against any misuse of law-making power.

Question 37

2 limitations of the bicameral structure of parliament

Answer 37

Where the government controls the upper house, it tends to be a ‘rubber stamp’, confirming the decisions about legislation that were made in the lower house. This can dilute the role of the upper house in law-making in scrutinising and debating legislation. In this situation, the government can pass bills readily, but the legislation may be less effective or representative of community given the lack of scrutiny and review. The law-making process can slow down the legislative process, given the number of stages and the opportunities for debates. However, this depends on the bill. Less controversial bills will likely take less time to pass. The detailed law-making process is also necessary to ensure proper and rigorous consideration of laws.

Question 38

international pressures +3 examples

Answer 38

demands or forces applied to parliaments to persuade them to make (or not make) law to address matters of international concern. Over the past 20 years, these pressures have included: * the need to prevent terrorist attacks and address the emergence of radical terrorist groups * the increased risk of cyber-attacks and hacking of major corporations and organisations to illegally access and sell data by foreign entities * the increased challenges of climate change, including the pressure to reduce greenhouse gas emissions

Question 39

3 examples of international pressure

Answer 39

international activists who seek to generate change across the globe. For example, Greta Thunberg is a Swedish environmental activist who challenges countries and world leaders to do more to tackle climate change * non-government organisations (NGOs) such as Amnesty International and Human Rights Watch. For example, Human Rights Watch releases an annual report that looks at global human rights issues and practices around the globe. In the past it has criticised Australia in relation to the protection of rights, such as protecting the rights of children * large transnational corporations (TNCs) including Meta (which operates Facebook) and Google. For example, Meta ran a public campaign against proposed laws that would make those companies pay news publishers for displaying their content.

Question 40

how is australia involved in international pressures?

Answer 40

* As an active participant in the global community, Australia can sometimes be subjected to international pressures to change the law, or not change the law. This can include laws relating to terrorism, climate change or human rights. * Pressures can come from international sources, such as the UN and Amnesty International, or from local sources, such as individuals and local bodies and organisations.

Question 41

2 considerations of international pressures

Answer 41

* Whether the pressure impacts on governments and their willingness to act may depend on the issue, where the pressure is coming from, and how supportive people are of the change. For example, the need to address climate change has gained support over the years to the point where it would be difficult for governments to ‘refuse’ to act. * Powerful bodies or organisations can have an impact on the way people vote. For example, hashtags such as #raisetheage, or school student climate protests, may influence voters or the way they think about an issue.

Question 42

what involves the representative nature of parliament?

Answer 42

* the diversity of parliament * the willingness of parliament to act in accordance with the views of the majority * regular elections.

Question 43

what is the argument against the diversity of parliament

Answer 43

Despite our diverse communities, Australia’s parliaments have not generally reflected this diversity. While female representation is increasing across all parliaments in Australia, the proportion of First Nations members of parliament or those who have non-European backgrounds remains well below the general population.

Question 44

what is the argument for the diversity of parliament?

Answer 44

On the other hand, other people argue that members of parliament can still be effective law makers. They are still able to understand the needs of the people even if they are not directly affected in the same way.

Question 45

how can parliament understand the needs of their communities? (3)

Answer 45

Individuals and communities can express their opinions through petitions and protests Parliaments refer to committees and VLRC who consult with the community before making their recommendations Previously, parliaments have passed laws to protect minority groups (they have also passed laws which disadvantage these groups)

Question 46

explain what it means by [representing] views of the majority? (3)

Answer 46

Politicians are encouraged to make laws in accordance with those who elected them They are expected to listen to the people when they make calls for legislative change (demonstrations, protests, petitions, social media, strikes etc) Politicians will often introduce popular laws with the purpose of winning votes. Such laws may or may not be necessary and in the best interests of the country.

Question 47

why are regular elections needed?

Answer 47

To achieve representative government, regular elections must be held so the people can vote for politicians to represent them in parliament. If the government does not represent the needs of the majority of the people during its term in office, it is likely to be voted out of office at the next election. Federal parliament elections are held every three years and state elections in Victoria are held every four years

Question 48

a critique of regular elections

Answer 48

often that not everyone wants the compulsory vote and that federal elections are not held on a fixed date, allowing the government to select a time which is most favourable to them

Question 49

why is a representative nature of parliament needed? (2)

Answer 49

The representative nature of parliament encourages members of parliament to listen to the views of the community. Social media is a powerful way for parliament to gauge community views. The requirement under the Constitution to hold elections allows the public to vote out of office a government that fails to act in the interests of the majority or one that breaks its promises.

Question 50

what are limitations of the representative nature of parliament? (2)

Answer 50

Government may not initiate law reform in areas where there is opposition from well organised and vocal minority groups. It can be difficult for parliament to assess majority views where there are conflicting views on controversial issues. It can also be difficult to predict future views and needs.