Study Guide part 1-Parliament
What is parliament?
an elected body that makes laws on behalf of the people
Explain 2 main roles of the Upper House.
1. Act as a house of review that discusses, debates and scrutinises bills passed by the lower house because most laws commence in LH (although in theory any law, other than appropriation [money] bills, may commence in the UH); & scrutinises activities of the gov't (inc govt spending) 2. Equally represent the states/regions. Designed to represent the regional/state interests regardless of their population size, so people in the less populated areas/smaller states have equal representation. (The Senate is designed to act as the 'states' house' because each of the states is equally represented, regardless of population size, by 12 senators). This, in theory, should ensure the parliament does not pass legislation that discriminates against any particular state/region. However, this may not be the case as senators/councillors tend to vote along party lines.
Explain 2 main roles of the Crown (differentiate between Governor-General and Governor).
1. Grant royal assent or written approval on behalf of Queen for a bill to become a law (at federal level GG may withhold or reserve Royal assent) after it has been passed by both houses of parliament. Although in practice, royal assent has never been denied at fed level. 2. Head of the executive (responsible for administering the law) although, in reality, the GG acts on the advice of the PM & senior ministers.
What are the benefits of the 'separation of powers' principle?
1. Reduce the likelihood of an abuse of power because no one body holds all three branches of power. 2. Provides a system of checks to ensure that no one body exceeds its power. For example, the independent judiciary can check that parliament does not make laws that exceed its power
What is the role of the VLRC?
1. research issues/areas of law reform referred to it by the Vic Attorney-General and it can also recommend minor changes to the law without a reference. 2. investigate areas of law reform (and assess the need for change in the law) by: preparing a 'Consultation paper' (that outlines the current law, initiatives from other states and countries and key issues involved with law reform, which can be used as a basis for community discussion) AND inviting members of the community to make submissions via public meetings, surveys, forums, website regarding the area of law reform. 3. prepare a report, that includes recommendations for law change, for the AG, who then presents it to the Victorian parl't so MPs can consider whether to implement all or some of the recommendations. 4. The VLRC also has a role to consult with and educate the community on areas of law relevant to the Commission's work. E.g. 2015 investigation into allowing the use of medicinal cannabis in exceptional circumstances.
Explain 2 main roles of the Lower House.
1. to initiate new laws and amend (or change) existing laws for and on behalf of the people who elected them. Most bills (proposed laws) are introduced into the parliament in the lower house. It is the only house that can introduce 'appropriation' bills (or 'money' bills was are passed to enable the government to spend money including levy taxes). 2. to determine the Government. The Government is the political party, or coalition (one or more parties joining together; e.g. Liberal-National coalition), with an absolute majority of members in the lower house (i.e. the party with at least 76 of the 150 seats in the HORs).
Explain the term 'bicameral' parliamentary system. What is a benefit of having a bicameral parliamentary system?
A bicameral parliamentary system is where parliament consists of two houses (the 'upper' and the 'lower' house). In Australia the Commonwealth parliament and all state parliaments (except Queensland which only has a lower house) are bicameral (and also contain the 'Crown'). The benefits of a bicameral system are it allows: 1. All proposed laws (called 'bills') to be thoroughly discussed, debated and reviewed - because for a bill to become a law it must be passed or approved by a majority of members in both houses of parliament. 2. Each state (or 'region' in State Parliament) to be equally represented regardless of their population size and their interests protected (because the upper house, consists of an equal number of representatives from each State (or 'region' in State Parliament).
Explain and evaluate a method by which individuals and groups influence legislative change (demonstration). give an example
A demonstration occurs when a group of like minded individuals gather together to protest for law change. It may be a mass protest (pro and anti Carbon tax rallies) or even a boycott (e.g. RSPCA ask us to not buy from 'puppy factories/pet shops') STRENGTHS 1. can generate large numbers in support and free media attention 2. The greater the amount of public support the greater the likelihood that MPs will consider changing the law as parliament aims to be 'representative' and reflects the views and values of the majority WEAKNESSES 1. If violent or cause public inconvenience, support from public and media may decrease and may deter MPs support 2. Can be 'one off' events and may not lead to law change as change requires 'on-going' support. 3. can be very time consuming and difficult to organise because public participation is needed. Example: In March 2014 approx 30,000 people protested in the Melbourne CBD against a range of laws and policies introduced by the Federal Government including law relating to asylum seekers, climate change and the tax system (e.g. abolishing the carbon tax).
Explain and evaluate another method by which individuals and groups influence legislative change (petition). Give an example
A petition is a statement of a proposed change in law signed by individuals to show support for the change. It is then presented to a MP who tables the issue in parl't. STRENGTHS 1. simple and inexpensive 2. even if initially unsuccessful, the tabling of the petition can gain attention of other MPs and the media (generate further support) 3. The greater the amount of public support the greater the likelihood that MPs will consider changing the law as parliament aims to be 'representative' and reflects the views and values of the majority WEAKNESSES 1. some consider it an imposition and are reluctant to sign their name and address 2. some may sign more than once and compromise the integrity of the petition 3. no guarantee that the parl't will respond/influence may be affected by which MP tables it Example: In May 2014 broadcaster and TV personality Derryn Hinch undertook a 'jail to justice' 180km walk to raise media interest in his quest to introduce a national sex register. At the conclusion of the walk he presented the Victorian government with a a petition signed by over 100000 individuals who support the change.
Describe the current composition of the Legislative Council. How may this impact on the law-making process?
After the 2014 November election, the government (Labor) only holds 14 of the 40 seats in the Legislative Council and so does not have a majority in this upper house as it does in the lower house, making it a 'hostile' Legislative council. The Liberal National Coalition forms the Opposition after winning 16 seats. The remaining 10 seats are held by 5 Greens and some 'other' independent and minor parties. This can potentially make it difficult for the state government (Labor party) to implement legislative reforms as they must rely on the support of the Opposition (Liberal/National coalition) OR the Greens and some 'other' independent and minor parties to pass their bills. THEREFORE the 'balance of power' is held by a group of minor parties and independents
Describe the legislative process for the progress of a bill through parliament.
All bills other than 'money' bills can commence in either lower or upper house, however most are introduces in the LH by the government. After a bill is drafted by the parliamentary counsel (who are responsible for the preparation and drafting of bills on advice from appropriate MP) it is presented to the parliament. Progress: 1. Initiation & First reading: long title read, bill placed on agenda, copies circulated to ministers 2. Second reading: a) relevant minister makes speech explaining general purpose, broad reasons & main provisions of the bill. b) debate is then adjourned to allow time for MPs to study the bill & have public consultations/reactions c) Parliament returns and the general principles of the bill are debated & and a vote is taken 3. Consideration in detail: a) As tradition dictates, the speaker in the LH or president in the UH leaves the house b) the bill is discussed and debated clause by clause and in great depth & amendments are suggested, debated and voted upon c) the speaker/president returns and a vote takes place to determine whether the bill should proceed to the next stage 4. Third reading: long title read, potential further debate, vote taken 5. bill passes first house 6. Same procedure in second house 7. Royal assent
Describe the current composition of the House of Representatives. How may this impact on the law-making process?
Currently the Liberal National Coalition has an absolute majority in the HORs holding 90 of the 150 and therefore forms the government. The leader of the government is currently Prime Minister, Mr Malcolm Turnbull. The Australia Labor Party (ALP) forms the opposition after winning only 55 out of 150 seats. The leader of the opposition is Mr Bill Shorten. The remaining 5 seats are held by three members of minor parties and two independent members. This impacts the law-making process as it means that all bills (proposed laws) introduced by the Liberal National Coalition will be passed by the lower house (the HOR) - unless there is a 'conscience vote'* (where party members are, on the very rare occasion, allowed to vote according the their conscience rather than in accordance with their party's view). The government does not rely on the support of any other minor parties or independents to have their bills passed by the lower house although all bills must also be passed by the upper house (i.e. the Senate at federal level) and receive royal assent before they can become a law.
Describe the current composition of the Senate. How may this impact on the law-making process?
From 1 July 2014, the government (Liberal National Coalition) only holds 33 of the 76 seats in the Senate, and so does not have a majority in this upper house as it does in the lower house, making it a 'hostile senate'. The ALP forms the Opposition after winning 25 seats. The remaining 8 seats are held by 4 minor parties (one with 2 seats) and 3 independents. A 'hostile' senate is when the government (Liberal National Coalition) does not hold an absolute majority in the senate and therefore must rely on the support of the opposition (Labor) or (at least 6 votes from) minority parties and independent senators to pass legislation. A 'hostile' Senate can make it difficult for the government to implement all of their policies or proposed laws. Critics argue this can stifle or slow the law-making process. Others however, argue that a 'hostile' senate is beneficial as it ensures bills are thoroughly debated and scrutinised. It can be argued that a government with a majority in both houses will be able to pass all their bills; perhaps with less debate and scrutiny.
Distinguish between the parliament and the government.
Parliament refers to both the upper and lower house of parliament and the Queen. The government, on the other hand, is the political party (or coalition of parties) that has the majority of members elected to the lower house. A law must be passed by each house of parliament and given royal assent (the Queen's approval) before it becomes law. +ROLES
Explain the principle of 'representative' government.
REPRESENTATIVE GOVERNMENT refers to the principle that members of parliament are elected by the people and therefore should make and administer the laws on their behalf. If a government does not represent the views of the majority they may risk being re-elected at the next election. Representative government is achieved in Commonwealth parliament through a bicameral system with the lower house (HOR) being chosen from and representing 150 electorates throughout Australia AND the upper house (Senate) ensuring the states are equally represented in the parliament. This ensures the interests of the less populous states are not ignored (as the more populous states will have more representatives in the lower house).
Explain the principle of 'responsible' government.
RESPONSIBLE GOVERNMENT Responsible government refers to the principle that all MPs must be reliable and accountable to their electorate for their actions. Ministers must also be answerable to the parliament (can be questioned by the parl't) and must carry out duties with integrity/honesty or resign
Evaluate the effectiveness of the Parliament. (4-5) Supreme, Invest, Debate - Represent and Delegate
STRENGTH Parl't is an elected and representative body that must make laws reflecting the views/values of the majority or risk re-election; MPs must also be responsible and answerable to the parliament and the electorate. WEAKNESS - MPs may support 'popular' laws to win voter support rather than support necessary, politically sensitive or controversial laws. E.g. The Liberal gov't (federal) abolished Carbon Tax and implemented more harsh 'Asylum Seeker laws' to 'stop the boats' and win voter support even though these laws may be regarded as unnecessary changes or inhumane. - Also elections are held every 3 (federal) & 4 yrs (state) so gov'ts may be reluctant to implement laws with a longer-term benefit/effect. - Conflicting views in society means it can be difficult to gauge view of the majority in controversial areas (e.g. euthanasia, same-sex marriage). STRENGTH Parl't provides many opportunities for debate & discussion of law changes during the legislative process and also due to it being bi-cameral (i.e. bills must be passed by both houses to become law) WEAKNESS - If the govt has a majority in the UH there is a danger of less scrutiny if MPs vote on party lines. Conversely, a hostile UH or minority govt may stifle govt policy agenda (e.g. Abbott forced to abandon $7 Medicare co paymt) and the govt may have to amend & compromise their policies to gain support of independents and other minor parties to pass laws.
Describe the structure of the Commonwealth Parliament.
The Australian Commonwealth (or Federal) parliament [which is based on the British Westminster parliamentary system] consists of two houses and the Crown. The lower house - known as the House of Representatives (consists of 150 members - with each elected member representing one of the 150 electorates throughout Australia) The upper house - known as the Senate and (consists of 76 senators - 12 elected from each state and 2 from each territory) The Crown (or Queen of England) who is represented by the Governor-General (currently Sir Peter Cosgrove)..
Describe the structure of Victorian Parliament.
The Victorian Parliament consist of two houses and the crown: The lower house - called the Legislative Assembly (consisting of 88 elected members from electorates based on population around Victoria) The upper house - called the Legislative Council (consisting of 40 elected members - 5 Councillors elected for each of 8 regional areas covering the whole of Victoria) and The Crown (or Queen of England) who is represented by the Governor (currently Ms Linda Dessau [former Judge of the Australian Family Court]).
Describe the current composition of the Legislative Assembly. How may this impact on the law-making process?
The Victorian branch of the Australian Labor Party ALP is the current Victorian government after winning an absolute majority of 47 of the 88 seats in the Legislative Assembly in the Nov 2014 Victorian state election. The leader of the ALP is Premier Daniel Andrews. The Liberal National Coalition forms the Opposition after winning 38 seats. The remaining 3 seats are held by two Greens and one Independent.
What is the principle of the 'separation of powers'?
The principle of the separation of powers refers to concept that no single body can hold all three branches of power within the Australian parliamentary system. For example, 1. the legislative power is held by the Parliament 2. the executive power is held by the 'executive' that is the Governor-general. 3. the judicial power is held by the judiciary (i.e. the courts and tribunals). HOWEVER In practice, the legislative power and the executive power are combined, as the Governor-General in reality acts on the advice of the Prime Minister and senior government Ministers (government). But the Judicial power is separate and independent from the other two powers. [For example, members of the judiciary (i.e. judges) cannot hold seats in Parliament and Members of Parliament (MPs) do not hold the power to prosecute or judge their own laws (e.g. MPs cannot even sit on a jury)].
Explain and evaluate a third method by which individuals and groups influence legislative change (media). Give an example
Using the media to raise awareness and gain support for an issue such as writing letter to editors & articles for publication, doing radio & TV interviews, through paid advertising, using blogs and social networking. STRENGTHS 1. media has the ablility to gain significant attention and publc support 2. The greater the amount of public support the greater the likelihood that MPs will consider changing the law as parliament aims to be 'representative' and reflects the views and values of the majority WEAKNESSES 1. the views of all groups are not always published 2. the information presented may be edited or presented in a manner that is detrimental to the cause if it goes against the views of the media organisation Example: Example: In May 2014 broadcaster and TV personality Derryn Hinch undertook a 'jail to justice' 180km walk to raise media interest in his quest to introduce a national sex register. At the conclusion of the walk he presented the Victorian government with a a petition signed by over 100000 individuals who support the change.
What is the Victorian Law Reform Commission?
VLRC is an independent, government-funded organisation that develops, monitors and coordinates legislation change in Victoria.
What are 2 reasons why laws may need to change? Give an example for each.
['Social]'... to keep pace with and reflect changes in community views & values that occur over time. Changes in societal views and values occur due to changing moral standards as the community becomes more or less conservative and/or increased awareness or knowledge within the community. For example, with greater acceptance of same sex rel'ships there is increasing support to change the law to allow same-sex marriage. ['Technological'] ... to keep pace with advances in technology that create previously unimagined areas/products that need to be controlled or regulated by the law to protect individuals and society. E.g. In 2014 Vic gov't implemented 'sexting' laws making it illegal to intentionally sends intimate images via electronic devices of another adult without consent OR a person aged under 18 yrs.
