Chapter 4 Flashcards
How is the concept of ‘Power’ relevant to the Legislature and identify the most powerful body within the Legislature
Parliament is the most powerful body within the Legislature.
Ability to exercise power within Parliament comes from the ability of a party to win a majority of seats in the lower house, thus forming government, who can then implement their legislative program
Identify three claimed limits to Cabinet Power
- Don’t have entire control over HoR
- Established processes and procedures allow for a range of non-government business
- Backbenchers/Private members can contribute to discussion and represent their electorates
Important Constitutional Sections/Chapters regarding Parliament
Chapter 1 - Creates Parliament
s7 - Creates and defines the Senate
s24 - Creates and defines HoR
s51 - Outlines 40 Parliamentary powers (not exhaustive)
s53 - Both Houses equal apart from Money Bills
Two theoretical forms of the Representation function
Delegate Representation & Trustee Representation
What is Delegate Representation
MP speaks for constituents, represents their concerns in Parliament with little regard for their own views. Meant to relay the voices of their electors to ensure they’re heard in Parliament
What is Trustee Representation
MP makes judgments about their constituents’ best interests. Electors trust them to represent their interests
What is the Theoretical representation function of the Senate
Sovereign State Interest - modeled on US to represent each of the States. Alien to British convention & history, blend of systems (Washminster)
How do most people politically identify in practice
Most identify with a party rather than an Individual and vote according to Party lines. Key individual is the PM not their local member
Is the Senate really a States House
Has always been Partisan despite being set up as a States House
What voting systems have been used in the Senate, and when
From 1901-1949 First past the post and preferential used, created similar makeup in the Senate and HoR (majoritarian). From 1949-Present used Single Transferable Vote (STV)
How has the use of STV affected the composition of the Senate
Allowed more minor and micro parties, independants and more candidate diversity, E.g. Nick Xenophon, One Nation, Greens
How do Senate 6 year terms affect Partisanship
Slightly reduce Partisanship as they have a longer term and more time to regain favour. Allows for slightly more freedom in voting. E.g. 2009 Migration Amendment Act Judith Toeth voted against Liberals.
2 Reasons why modern Parliament exhibits Partisan Representation
- Parties have organisational and financial resources to develop policy
- MPs are mostly members of parties with strict discipline that cause them to vote according to Party lines
One example of an MP acting as a delegate or trustee
Sharman Stone - against Liberals when a fruit canning factory was going to be closed in 2014 in her electorate of Murray, Victoria
3 characteristics of mirror representation (Senate)
- Senate is ‘Directly Chosen’ by the people and employs an STV system with Multi-Member electorates
- Permits election of diverse candidates and more women that more closely mirrors the population demographic
- Permits election of Minor and Micro parties - over 35% of seats in 2016 Election, which allows for greater diversity than the HoR
