AOS 1 An overview of the role and characteristics of parliament and subordinate authorities in lawmaking + miscellaneous AOS 1 stuff Flashcards
The Commonwealth of Australia Constitution Act (UK) was passed in 1900. What did this document establish?
This document established the Commonwealth Parliament as a central law-making body. It lists the law-making powers of ‘national’ interest, which the colonies agreed to give to a Commonwealth Parliament, such as coining money and imposing taxes. The colonies, now known as states of Australia, retained the right to make law in all other areas in their own right or in a shared capacity.
What is a parliament and how many are there in Australia?
There are nine parliaments in Australia. Each parliament is a supreme law-making body within its areas of power (jurisdiction).
What are the three different types of parliament found in Australia?
Commonwealth, 6 state, 2 territory
Commonwealth Parliament
The Commonwealth Parliament is elected to pass laws on issues of national interest. The Commonwealth Government is responsible for deciding which proposed laws should be put before the Commonwealth Parliament, although any member of parliament can initiate a private member’s Bill.
state and territory parliaments
State and territory parliaments pass laws for the governing of the state or territory. Under the Australian Constitution, the state and territory governments are responsible for everything not listed as a federal responsibility, although some law-making powers are shared with the Commonwealth Parliament.
Before Australia was a commonwealth, what was it? Why did the colonists want to unite under 1 nation?
Before the twentieth century the Commonwealth of Australia did not exist. Instead, there were six separate British colonies in Australia, each with a parliament able to make law. By the late 1800s, many colonists felt it was time to unite as one nation to strengthen Australia’s defence and to simplify immigration, rail transport, tariffs and trade issues.
Who are the founding fathers and what did they do?
After a series of constitutional conventions (meetings), the founding fathers (the people responsible for initiating the federal system) proposed that the colonies become a federation of states within the Commonwealth of Australia.
What is Australia’s system of government and what is a constitution?
Australia’s system of government is a constitutional monarchy where the Commonwealth Parliament and the state parliaments operate within the rules established in their constitutions. A constitution is a legal document that outlines the basic rules of government and the law-making powers of the elected parliament (also known as the legislature).
Who is Australia’s head of state and who is she represented by at a federal and state level?
The Queen of England (Queen Elizabeth II) is Australia’s head of state. The Queen acts as a figurehead and her role is mainly ceremonial. She is represented by the governor-general at a federal level and the governor at a state level.
In Australia the Commonwealth Parliament has exclusive power to make law in certain areas, such as coining money. The states and Commonwealth share power in some areas, such as laws on taxation, but other areas such as education are a state power. What happens if there is a clash?
In shared areas, the Commonwealth Parliament’s law will override state law if there is a clash.
What are laws made by parliament known as?
Laws made by parliament are called Acts of parliament and are also known as legislation or statute law.
Subordinate authorities
Parliaments do not have enough time to make laws on every issue that requires regulation. Australian parliaments can, therefore, pass an Act of parliament giving permission to other bodies to make minor laws on parliament’s behalf. These bodies are known as subordinate authorities and laws made through subordinate authorities are known as delegated legislation. This includes laws made by local councils, which are usually referred to as local laws.
Can courts make laws, how does this work?
Courts can sometimes make laws when they make a legal ruling in a case. This ruling often clarifies existing law and is known as a precedent. Precedents establish principles of law and are followed in the future by courts and individuals and form part of the law. Laws made through the courts are known as common law, judge-made law or case law. Parliament can pass legislation to override a precedent.
Who makes laws, government or parliament?
Parliament
Local councils
Each state and territory parliament has also established a number of local councils to address minor issues in different areas within the state or territory. These local councils are either shire or municipal councils. Their powers are defined by an Act of state or territory parliament. Local councils are responsible for passing by-laws relating to issues such as local roads, building regulations and rubbish collection.
How does Australia’s parliamentary system work
This system relies on the government of the day having the support of the majority of the members of the lower house of parliament in order to govern. The government is responsible to the parliament.
What is the role of parliament
The role of parliament is to pass laws for the good government of the country or state.
Bicameral, what two states/territories are not bicameral
Most Australian parliaments are bicameral with two separate houses or chambers. The exceptions are the Queensland Parliament and the parliaments of the territories, which only have one house.
What does parliament consist of
Parliament consists of the Queen, an upper house and a lower house.
Houses of parliament consist of elected members or representatives known as parliamentarians. How did they become parliamentarians?
Parliamentarians hold seats in one of the houses and are elected by the people in a particular geographical area (electorate) as their local member of parliament.
Political party and independents
Most parliamentarians belong to a political party. Political parties are made up of people who have a common belief in values, ideas, future directions and political objectives. Those parliamentarians who do not belong to a political party are known as independents.
Main political parties
Labor, Liberal, Nationals, Greens
Coalition
Sometimes political parties form a coalition of one or more parties, which contest an election together. In Australia, the Liberal Party and the National Party often agree on policies and form a coalition at a federal level.
What does the government consist of, how is it formed and what role do they play in law making.
The political party (or coalition) with the majority of members elected to seats in the lower house wins the election and forms government. The government consists of the members of the political party that has the majority of members in the lower house. The government decides what laws should be put to the parliament, but does not pass laws. The government is responsible to the parliament as all new laws need to be passed by parliament to be valid and enforceable.
