Effectiveness Of The Parliamentary System Flashcards
Time for public debate
A Bill may be presented to parliament, but the passing of the Bill delayed to allow time for debate in the community. This is a way of gauging the popularity of the proposal, and finding out any problems that the proposal may cause if it becomes law.
For example, the Juries Act 2000 (Vic.) was first introduced in 1999. Under the original proposal the use of majority verdicts was to be extended to include murder cases. There was considerable community concern about this proposal, and it was omitted from the final Act, which came into full operation in August 2001.
Restrictions on parliament
Parliament is the supreme law-making body because it can override other types of law-making bodies. This supremacy is restricted by the Constitution. Each parliament can only pass laws within its jurisdiction (area of power). JURISDCITION
Parliament can only pass laws which are presented to it, usually by the government. The government must ensure that the laws presented to parliament are responding to the needs of the people. Parliament may, however, be restricted by the cost, effects on the economy and acceptability to the public. REQUIREMENTS
If a highly vocal group of people is against a particular change in the law, the government may be reluctant to initiate the change. RELUCTANCE
Laws should reflect society’s values.
For laws to be effective they must reflect the values of the community. The government has to establish which changes would be most acceptable. For example, values have changed about the right to smoke in a public place. The majority of people believed smoking was wrong in a public place and Smoking is now banned in Victoria in most enclosed workplaces. REFLECTION
In some instances the law-makers can influence values in the community. For example, the Equal Opportunity Act 2010 (Vic.) promotes a tolerant attitude in the community. Under this Act it is unlawful to discriminate against parents or carers in employment or employment-related areas. INFLUENCE
The Victorian Charter of Human Rights and Responsibilities, which was passed in 2006, reflects the values of society such as the right to life. A compatibility statement must be provided to parliament prior to the second reading of any proposed laws to ensure that the Bill is compatible with the Charter of Human Rights and Responsibilities. This Charter also seeks to generate values by stating those rights that are considered important to our society, and putting in place measures to protect these rights. CHARTER
Participation by the individual
Every member of the community who is 18 or older and has registered to vote has the right to participate in the Law Making process by voting for their representatives in parliament although there are exceptions such as prisoners serving more than three years in prison. ELIGIBILITY
Voting in Australia is compulsory. Not everyone agrees with this system as it may mean that people with little knowledge of political parties and the candidates are forced into voting for a member of parliament. On the other hand, the compulsory nature of our voting system makes people participate in the parliamentary system. COMPULSORY
Voting in some countries, such as the United States and the United Kingdom, is not compulsory and political parties spend a lot of resources that could have gone elsewhere encouraging people to vote. RESOURCES
Individuals in the community can influence changes in the law by letting the members of parliament know the needs and attitudes of the people by contacting members of parliament, being on talkback shows, taking part in protests and contacting the media. INDIVIDUALS
