Chapter 2 : Power and the Commonwealth Parliament Flashcards
Partisan Representation
A practical form of representation in which the elected representative is a member of a political party, and support their party’s policy in parliament.
Mirror Representation
An ideal form of representation in which the composition of Parliament (or at least one House) accurately reflects the diversity of the electorate in age, gender, and other social and economic characteristics.
Functions of Parliament
Representative, legislative, responsibility and debate.
Representative function of parliament
Represents the people of the nation
Legislative function of parliament
Makes statute laws, both money and non-money acts.
Responsibility function of parliament
Holds the government to account
Debate function of parliament
Nation’s premier forum for the discussion of issues.
Delegate Representation
A theoretical form of representation in which the elected representative simply reflects their electors’ concerns and values in the Parliament.
Trustee Representation
A theoretical form of representation in which the elected representative acts in their electors’ best interests in Parliament.
Malapportionment
This is where the number of electors in an electoral division are not approximately equal. It can be defined as the opposite of ‘one vote, one value.’ The Australian Senate suffers from this.
s53
This section prohibits the Senate from originating or amending appropriations Bills. This provision makes sure that no ‘rival government’ can form in the Senate.
s7
Establishes the Senate as a States House with equal representation for each original state, currently 12 senators each, with the territories having 2 each. Additionally requires the Senate be directly chosen by the people and thus democratic.
s24
Establishes the House as a people’s house ‘directly chosen by the people’ with representation in proportion to the population of the states, with a minimum of 5 (Tasmania). Requires the House to be twice the size of the Senate (nexus clause) which ties the two houses together in terms of numbers.
Chapter 1
Creates the institutions and defines the powers of the Commonwealth Parliament.
Gag
A motion passed in a House of Parliament to curtail further debate; During the Second Reading Debate on a Bill the government may use one of its members (backbencher or minister) to move a motion that the bill be put to a vote. The effect is to prevent further debate.
Guillotine
A motion passed in a house of parliament to impose a time limit on a debate; Before debate commences on a bill the government may move a motion that the time allocated to debate be set to a certain time limit.
Flood-gating Bills
The strategy of introducing a high number of legislation into the parliament with the aim of passing bills with minimum scrutiny or debate or to apply pressure to non-government MPs
Collective Ministerial Responsibility
A Westminster convention of responsible parliamentary government by which an entire executive government may be held to account by the house of representatives. Part of parliament’s responsibility function.
Individual Ministerial Responsibility
A Westminster Convention of responsible parliamentary government by which a minister may be held to account by the House of Representatives. Part of the parliaments responsibility function.
Question Time
A key procedure associated with the responsibility role of the parliament which occurs at 2pm every parliamentary sitting day. Any private member mayday ask a minister a question concerning their portfolio area, their conduct or other matters related to how they carry out their role.
Minister
A member of the executive arm of government. A member of Cabinet. Ministers have a responsibility for a particular area of government activity such as health, education or defence, which are referred to as a portfolio.
Censure Motion
A motion to discipline a minister or the government. A successful censure motion in the House of Representatives would, but the conventions of collective or individual ministerial responsibility, require a minister or a government to resign. A key part of the governments responsibility function.
Decline of Parliament Thesis (Representative Function)
Parliament’s Representative function is in decline due to:
- The predominant position of political parties that demand loyalty from their parliamentary members, forces them to be partisan and prevents them from acting as delegates or trustees.
- A majoritarian electoral system that virtually guarantees a ‘two and a half party system’, eliminating much community diversity from being reflected in the HOR.
Decline of Parliament Thesis (Legislative Function)
Parliament’s Legislative function is in decline due to:
- The dominance of the political executive deriving from the disciplined party system, in proposing and selecting bills for introduction into the HOR. This prevents PMBs from being introduced.
- The dominance of the political executive in the HOR and its committees virtually guarantees the passage of government initiate legislation and enables it to use gags and guillotine debates.
Decline of Parliament Thesis (Responsibility Function)
Parliament’s Responsiblility function is in decline due to:
- The overwhelming dominance of the executive over the HOR
- The ability of the political executive to create and pass the standing orders of the HOR
- Few, if any, censure motions will pass in the HOR
Decline of Parliament Thesis (Debate Function)
Parliament’s Debate function is in decline due to:
- The ability of the executive to gag and guillotine debates through its control of standing orders.
- A majoritarian electoral system that creates a lack of diversity in the HOR results in a deficiency of views being expressed.
Elements of Good Governance
- Accountable
- Transparent
- Follows rule of law
- Responsive
- Equitable and Inclusive
- Effective and efficient
Arguments for Decline of Parliament Thesis
- Executive dominance is clearly a defining and limiting characteristic of the Australian system of parliamentary government.
- None of the theoretical functions of the Commonwealth Parliament operate properly ‘in reality’
- Compared to Britain’s parliament, the Commonwealth parliament fails to live up to historical and contemporary Westminster Parliamentary ideals
Arguments against decline of Parliament Thesis
- The Senate is a powerful chamber when it is independent of the government. It is also reflective of community diversity.
- The Commonwealth Parliament, in practice maintains the principles of ‘good governance.’
- The Commonwealth Parliament is a uniquely Australian institution and is only partially Westminster. It must therefore be judged on its own terms and not compared to an ‘ideal’
Assistant Minister
A junior ministerial (executive) position formerly known as a parliamentary secretary. They assist senior ministers in larger portfolios.
Parliamentary Privilege
An enhanced form of freedom of speech enjoyed by all members of parliament when they are on the floor of their chamber and their chamber is in session. It protects members of Parliament from civil or criminal liability for comments they make in Parliament.
