DP5 Factors that affect the ability of parliament to make laws Flashcards
What are the three factors?
- The Bicameral structure of parliament
- International pressures
- Representative nature of parliament
How is the bicameral structure of parliament a factor that affects the ability of parliament to make laws?
Because commonwealth parliament has two houses, for a bill to pass, it must receive a majority vote in both houses.
If no political party has a majority, but enough for a government to be formed in one house, the government may need to rely on the cross-bench or the opposition to pass laws. Thus, laws will be scrutinised heavily and will take a long time.
Furthermore, if the government does not have a majority in the upper house, it is considered a hostile upper house. Therefore, bills will be heavily scrutinised and may need to be sent back to the lower house for review before being voted on again.
How can having a majority make it easy for parliament to make laws?
If the government has a majority in both houses, it is considered to have a rubber stamp. Although laws will be passed quickly, they will receive less scrutiny.
How does having a bicameral structure enhance parliament’s ability to make laws?
It allows for each house to perform different roles in the law-making process. Bills are thoroughly debated, scrutinised and amended, and the scrutiny is more vigorous when the government does not have a majority in both houses. Thus, a hostile upper house or a minority government means bills must have support from members outside of their party, allowing for a wider range of views.
However, this means that parliament is limited in its ability to make laws. This is because bills may be rejected, and thus the law-making process takes longer. The balance of power, where deciding votes on whether laws pass shift from the government, shifts to minor parties and independents. Thus, because the government is chosen by the people, relying on the cross bench or other political parties means that law-making decisions may not reflect the people.
What does the representative nature of parliament mean?
It relates to where parliament is based on a democracy based on where people elect representatives to represent them and create laws on their behalf. This is demonstrated through section 7 and 24 of the Australian Constitution, stating where the house and representatives and the Senate must be directly chosen by the people.
How does the representative nature of parliament enhance its ability to make laws?
It means that all members should vote on bills that represent the best interests of the region they represent. This is enhanced by the regularity of elections, in which it is compulsory to vote. Furthermore, people can communicate directly with representatives or petition for parliamentary action to inform their decisions. Finally, if members of parliament do not make decisions that represent the people, they can be voted out in the next election
How does the representative nature of parliament limit the ability of parliament to make laws?
MPs can implement laws that are popular, and thus avoid laws that may be controversial in the fear of being voted out in the next election. Such laws may be necessary or beneficial, but may not be implemented as they are unpopular. Furthermore, due to the short terms in office, law-making may be focused on short-term gains and changes, rather than long-term gains and influences.
Furthermore, because voting is compulsory, uninterested or uninformed people may be forced to vote, voting for parties which may not adequately represent the region.
How can international pressures impact how parliament makes laws?
Because Australia is a member of the United Nations, and a signatory to international treaties, it can be subject to pressure from other countries or international organisations to implement the changes or obligations under those agreements. Although treaties are not automatically legally binding, although binding in nature, the Commonwealth must ratify and pass laws before they are legally binding. For example, after signing the Convention on the Elimination of All Forms of Discrimination Against Women, many laws passed, such as the sex discrimination act or the equal opportunity act.
How do international pressures enhance the ability of parliament to make laws?
International treaties and declarations can guide law-making in parliament, assisting in laws that can benefit the entirety of Australia and the world. Furthermore, they may allow for Australia to have laws that are aligned with international standards. Additionally, pressures from international treaties may cause a better protection of rights.
How can international pressures limit the ability of parliament to make laws?
Members may make laws based on their fear of losing support from international organisations or allies, meaning that they may not adequately represent the people. Furthermore, TNCs or influential cooperations may push for reform in their best interests, rather than in the interests of Australia. Additionally, international treaties or pressures can make the government act in the interests of other nations rather than Australia itself, meaning it can be difficult for MPs to balance international pressures and domestic issues, making laws that represent and benefit all people, whilst conforming/adhering to international standards.
