AOS 1 EXAM QUESTIONS Flashcards
Explain the role of the Upper House in the Commonwealth parliamentary system.
The Senate has the role initiating Bills (other than money Bills) or pass Bill sthat have previously been passed through the House of Representatives. The senate should represent the interests of the states. The Senate should have equal representation from each state, regardless of its size or population. In this way the Senate represents the interests of the states (representative government.
The senate should also act as a house of review. The majority of Bills are initiated in the lower house, and the Senate has to reviewthe Bills already passed through the lower house. The Senate can, therefore, ensure that Bills which could be seen as too radical are not rushed through the parliament.
A visitor to Australia, who is studying our parliamentary system, comments that the system is easy to understand except for ‘the separation of power’. Explain to the visitor the principle of the separation of power in the Australian parliamentary system.
The separation of power refers to the three arms of government – the executive (administers the law), the legislature (makes the law) and the judiciary (interprets the law) – being kept independent from each other. This independence ensures that a system of checks and balances exists so that no one body can hold absolute power or abuse its power. This ensures stability within a democracy.
Several important principles ensure that the Australian parliamentary system is democratic. One of these is the principle of responsible government. Explain the principle of responsible government.
Responsible government refers to the government being accountable to the parliament and the people. It must answer questions and clear up concerns of parliament and the people when the need arises. It also refers to ministers being accountable to parliament and must be able to answer questions in relation to their departments. If the government loses the confidence of parliament it must resign.
Outline one role of the lower house of the commonwealth parliament
The lower house of the commonwealth parliament is the House of Representatives. The main function of the House of Representatives is to initiate and make new laws. New laws are usually introduced to the House by the government, although any member may introduce a proposed law (Bill). Bills must be passed by both the House of Representatives and the Senate for a law to be made. Bills may also be initiated in the Senate.
Outline the role played by the Crown in the law-making process.
The Crown, via the Queen’s representative at state and federal level, gives (or withholds) royal assent to bills passed through parliament. Bills must be given royal assent for they become law.
Explain the principle of separation of power.
The principle of separation of powers refers to the three arms of power: the legislative function (those that make the law), the executive function (administer the law) and the judicial function (interpret the law). The powers of each arm are kept separate to each other and carried out by a separate body, to ensure that no one body or arm has complete authority and each are independent from the other. This enables each power to act as checks and balances on each other and ensures a system of democracy.
Other than making laws, outline one other role of the lower house of the Victorian Parliament.
The party, or parties in coalition, with a majority in the lower house forms government. The lower house of Victorian parliament is the legislative assembly.
Outline the structure of the Victorian parliament
The Victorian Parliament operates in the same way as the Commonwealth Parliament, with an upper and lower house. The structure of the Victorian Parliament is the Queen who is represented by the governor, the Legislative Council which is the upper house and the Legislative Assembly which is the lower house.
Explain the role of the Senate in the law-making process.
The Senate acts as the ‘states’ house’ in the law-making process. As it is made up of Senators from every state and territory, their role is to represent their own state in determining whether or not to pass a Bill. Usually, as most Bills are introduced in the House of Representatives, the Senate is seen as the ‘house of review’, as it reviews and votes on those Bills before they are given Royal Assent.
Often the Senate can act as a ‘rubber stamp’ for Bills if the government holds majority in the Senate. These days, however, the Senate is made up of various parties, including smaller parties and independents, which means that the government usually does not have a majority of votes in the Senate and Senators can use their combined voting power to reject or amend legislation introduced by the party in government.
Role of the senate as a house of review
Support, contend or reject
