AOS 1 Deatiled Responses Flashcards
Explain the structure and the role of the separation of powers
Under the doctrine of the separation of powers the legal system operates through three arms:
- The legislative arm which includes parliament that makes laws
- The executive arm which includes the representative of the monarch and ministers with responsibility of implementing and administrating the laws passed by parliament
- The judicial arm which includes the courts and judiciary with responsibility for enforcing law and settling disputes.
The separation of powers provides a system of checks and balances power of government so that one arm cannot control all, preventing abuse of power and tyranny. It allows for individual freedoms to be protected by ensuring that an independent judiciary has the power to ensure parliament and the executive are acting within the bounds of the constitution. It protects the stability of government and freedom of the people and provides a separation between law making and enforcing.
Explain representative government
Representative government means that members of parliament are elected to reflect the interest of the voters and should only expect to retain their seat while they continue to demonstrate this. They should be responsible to the publics needs and concerns. Unrepresentative governments shouldn’t be re-elected and minorities should be represented and protected. The bicameral system of parliament means the majority of people are represented (lower house) and the interests of states less populated areas are looked after (upper house).
Explain responsible government
The principle of responsible government refers to the government being accountable and answerable for its actions. The ministers must be accountable for the actions of their departments and answerable to the rest of their party, in daily question time. All members of parliament are responsible to parliament itself and if they have misled or are unable to maintain confidence of parliament, they are expected to resign. If the government loses confidence of parliament, it is also expected to resign.
Explain the structure of our commonwealth parliament
The structure of the Australian parliamentary system is bicameral, meaning that it consists of two house, the lower house, called the House of Representatives which forms government and the upper house called the senate, which works as a house of review and a states house. All legislative power is vested into the parliament. Government refers to the party or coalition of parties that holds a majority in the lower house, while parliament refers to the law making body or legislature elected by the people, comprising of two houses. We have a constitutional monarchy in that parliament is the supreme law making power and the monarch’s role is limited by the constitution.
Explain the structure and role of the House of Representatives
The House of Representatives, also known as the people’s house has 150 members, who are each elected for three years. Each member represents an electorate that covers a specific geographic area. Members are elected by a system of preferential voting. Government is formed by the party or coalition of parties who win the majority in the lower house, that is 76 members.
The House of Representatives’ roles are to initiate and make most bills, amend existing laws and to revoke out dated laws as government has the money. It publicises and scrutinises government and questions and scrutinises government spending.
Explain the structure and the role of the senate
The senate, also known as the house of review or states house has 76 members, 12 from each state and two from each territory. Members are elected for 6 years however half the senators face election every three years to ensure that there is always experience in the senate. Members are elected by a system of preferential voting. The senates role in law making is to scrutinise and review bills passed by the House of Representatives, initiate (not money) bills and represent alternative viewpoints in the legislative. The senate also acts as a safeguard to protect the interests of the smaller states. Sometimes a rubber stamp senate can develop, where the party in government has control over the senate and its bills pass through without thorough review. On the contrary a hostile upper house can develop, where the opposition has control of the senate and bills are blocked whether or not they will be effective.
Explain the role of the VLRC
The VLRC operates independently from government. This is because on occasion the VLRC must review the activities of the government and no bias must exist. The roles are to:
- Research and make law reform recommendations on major matters referred by the attorney general. E.g In 2007 the attorney general asked the VLRC for legislative advice in the decriminalisation of abortion. In 2008 the report by the VLRC was tabled which provided 3 options that reflect the communities values, it was chosen that abortion would be decriminalised up to 24 months gestation.
- Make recommendations on minor issues of community concern. E.g. In 2011 a report for representation of youth in police interviews was tabled. This recommended that the role of a “support person” should be clearly know that they make youth aware of their rights.
- Educate the community on areas of law relevant to the commissions work. E.g. Website and community engagement.
- Monitor and coordinate law reform activity in Victoria.
Explain using an example, one reason why laws may need to change
One reason is changing attitudes and values. In our society, values and attitudes have changed over the years. In order for the law to remain acceptable to individuals in society it must change to keep up with changing values. E.g. In today’s society people are against the cruelty of animals. This is a change in attitude from the past where people were less concerned for the welfare of animals. In 2010 after a malnourished dog named Oscar was recused at a farm, campaigning began, leading to the passing of the Domestic Animals Amendment Act 2011. This Act provided harsher penalties for the ill treatment of animals and established authorised officers who monitor the standards of puppy farms and enforce the law.
Explain another reason using an example why laws may need to change
Another reason are significant incidents. Sometimes a significant event occurs that gains so much public attention that parliament has to try and prevent similar events from happening again. This usually involves a death that may have been preventable if the law was different. E.g. In 2011 a four year old girl was mauled to death by a bull terrier that had run into her home. Within two weeks the state parliament passed the Domestic Animals Amendments Act 2011. This obliged the owners of dangerous breeds to register them with local councils.
Explain how a petition influences legislative change
A petition is a formal written request to parliament for action, in relation to a law that is considered outdated/unjust. It is accompanied by a collection of signatories to be concerned about the issue and to support the specific request. They must be presented to parliament or an MP for them to be tabled and contain a specific call to action. E.g. A petition to the legislative assembly on Animal Cruelty and negligence requested that the legislative assembly urge the government to implement tougher penalties for animal cruelty, including heavy fines, criminal conviction and jail sentences. Petitions are effective as they can indicate a high degree of support if large numbers of signatories are attained, and can arouse public awareness when seeking signatures, however although tabled, parliament are under no obligation to accept the terms of the petition. Many petitions are tabled and parliament cannot respond to them all.
Explain how a demonstration can influence legislative change
A demonstration is a public protest in which people take to the streets to protest against the actions of the government, or to raise awareness of an issue of concern. E.g. In 2011, thousands of animal lovers in Melbourne, Sydney and Adelaide participated in rallies against puppy factories in Melbourne. Because of the massive turnout, it produced of powerful voice for the plight of dogs and the horrific conditions they suffer in. Demonstrations are effective as they are likely to gain media attention and raise awareness for the issue because it is visible, and can communicate the views of thousands of people, however demonstrations can be time consuming, costly and difficult to exercise and rely on the support of a large number of people to be effective. They can also result in negative media attention due to violence.
Explain the first reading of the legislative process
- Notice of intention and first reading
The minister introducing the bill reads the title of the bill and the Clerk of the house reads the long title of the bill, which outlines the purpose and details of the bill. Copies of the bill and explanatory memorandum are presented to all members of the house and are made publically available.
Explain the second reading stage of the legislative process
- Second reading
The minister reads the bill out for a second time and proceeds to present the second reading speech. Debate is usually adjourned to a later date which gives members time to read the bill and decide whether they will oppose or support the bill. Since 2012, all new bills introduced into the federal parliament have needed to be accompanied by a compatibility statement that assesses whether the bill is compatible with the rights contained in 7 important UN treaties to which Australia is a signatory. The second reading debate begins with the oppositions shadow minister making a speech in response to the bill. If the opposition has decided to oppose the bill, they will outline the reasons for this, however not all bills are opposed or the opposition may only want minor changes. Debate continues with government, opposition, minor parties and independent MP’s taking turns to speak on the proposed law. Because government hold the majority in the lower house and most bills are introduced here, the bill almost always is passed because members vote along party lines.
Explain consideration in detail and the third reading stage of the legislative process
- Consideration in detail
In this stage, the bill is discussed clause by clause. The bill may be amended by removing, adding, altering words in the bill. Consideration in detail is an optional stage, as it is not held if there is unanimous support. - Third reading
Long title of the bill is read again. This stage is usually a formality, with further debate of the bill and amendments being allowed but uncommon. The house votes on the final version of the bill, and if the vote is successful, the long title of the bill will be read a third and final time.
Explain the legislative procedure through the second house
The bill then passes through the senate (rarely House of Representatives) through the exact same steps, although in the senate, 1. Consideration in detail is called the committee of the whole and 2. The position occupied by the speaker is called the president. Amendments can be made to the bill, but if it has been amended in any way, it must be returned to the originating house. It will then need to approve any amendments made by the senate by voting for or against the changes made by the senate. Occasionally the senate will not have power to amend the bill - such as with money bills.
