bicameral structure Flashcards
(Bicameral structure of Commonwealth Parliament)
Factors that affect Parliament’s ability to make law?
- Bicameral structure of Parliament
- International pressures
- Representative nature of Parliament
What does having a bicameral structure mean?
It means the Commonwealth and Victoria parliaments have two houses (Chambers)
Requirements for bicameral structure?
Commonwealth- Australian Constitution (section 1)
Victorian- Constitution Act 1975 (Vic)
What does a bill need to be passed?
How is this a form of quality control?
It needs to be passed in identical form by a majority of members in both houses of Parliament for it to become law.
This is a form of quality control as the second house double checks the bill and can suggest amendments and also ensures there is no misuse of law-making power by other house.
The composition of the upper house:
Most bills are introduced in the lower house as this is where the government is formed. Since all bills must be passed by both houses of Parliament before they can become law, the composition of the upper house becomes important as to whether parliament is able to make laws. (rubber stamping or no gov majority)
Hostile upper house meaning?
This is a situation where the government does not hold a majority of seats in the upper house and relies on the support of the Opposition or crossbenchers to have their bill passed. The crossbench can force gov to make changes (amendments) to their bills or can reject government bills entirely by voting with the opposition
What does a hostile upper house allow for (strengths) ?
It allows for more thorough debate and scrutiny of bills.
A diverse Upper House can be seen as an opportunity for a more effective parliament and more effective law making. The government may be forced to consider wider range of views and in the process better reflect community interests.
What does a hostile upper house limit?
It can also prevent or obstruct the ability of the government to implement Law Reform and can allow a small group of independent numbers or members of a minor party to hold a disproportionately high level of power compared to the size of their voter base.
It also brings the question whether these parties who hold the balance of power can represent the views and values of the broader community as they may focus on a relatively narrow range of policy issues.
Rubber stamp upper house?
Rubber stamp is a term used to describe the situation in which the Upper House 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
Drawbacks of rubber stamp upper house
This allows the government to introduce whatever bills it likes and implement all its legislative program which can prevent the upper house from adequately fulfilling its role as a house of review or representing the broader interest of the community. Also enables gov to reject bills introduced by private member.
Law-making process
There are several stages in the passing of the bill which means the this process can be slow at times and this is due to the complexity of the processes and number of opportunities for members to debate a bill.
There is also a low amount of sitting days.
However, secondary legislation can be used so Parliament does not have to debate highly technical/detailed areas of law and make every single law society needs.
Sitting days?
Only on sitting days do members meet at Parliament house and bills can be debated and passed.
There are relatively few sitting days. as members need to also spend time in their community to be aware of their needs and represent their interests.
The limited number of sitting days reduces time and opportunities to pass essential legislation.
