* Factors that affect the ability of parliament to make law.

Question 1

What are the four factors that affect the ability of the parliament to make laws?

Answer 1

• The roles of the houses of parliament.
• The representative nature of the parliament.
• Political pressures.
• Parliamentary law-making.

Question 2

What are the issues the lower house faces in parliamentary law-making in relation to bicameral structure of parliament?

Answer 2

• Majority government.
• Minority government also known as ‘hung parliament’.

Question 3

How does majority government in the lower house affect the parliaments ability to make laws? (STRENGTH)

Answer 3

it is less strenuous for the government to make laws in the lower house if it holds the majority of seats. This is because bills are passed with less debate, meaning the government can pass more legislation in a timely fashion.

Question 4

How does the majority government in the lower house affect the parliaments ability to make laws? (WEAKNESS)

Answer 4

A weakness of the majority of government in the lower house, is that it leads to less objective scrutiny being applied, meaning government bills are automatically passed and private member bills are easily rejected, thus not being adequately debated.

Question 5

Who is a private member?

Answer 5

A member of parliament who is not a government minister.

Question 6

What are private member bills?

Answer 6

A bill introduced in parliament by a member who is not a government minister.

Question 7

Do private members have the support of the government? why? why not?

Answer 7

No, because they are not part of the government legislative program, and thus do not have the support of the government.

Question 8

Why are private member bills usually introduced in the upper house?

Answer 8

Private member bills are usually introduced in the upper house, as the government does not hold the majority of seats on the upper house. The bills can also be debated and scrutinised objectively, and possibly passed. They are not rejected for political gain.

Question 9

Private member bills often fail, so why do they even bother initiating them?

Answer 9

To gain media, public, and parliament attention.

Question 10

What is Minority government?

Answer 10

Government that does not hold the majority of seats in the lower house and relies on the support of minor parties and independents (cross bench) to form government.

Question 11

What is ‘hung parliament’?

Answer 11

Hung parliament is a situation in which neither political party holds the majority of seats in the lower house after an election.

Question 12

What do parties do in situations where neither party takes up majority of seats in the lower house?

Answer 12

In situations such as this, the major political parties must seek the support of minor political parties and independents to form a minority government.

Question 13

How does a minority government in the LOWER house influence the effectiveness of parliament as law-makers? (STRENGTH)

Answer 13

The minority government in the lower house ensures that government bills are objectively scrutinised and rigorously debated in the lower house. E.G., Gillard government 2010-2012 (2012) passed 432 bills.

Question 14

How does a minority government in the LOWER house influence the effectiveness of parliament as law-makers? (WEAKNESS)

Answer 14

One main problem associated with minority government is that it must constantly negotiate with minor parties to ensure that its legislative program is supported and passed by the lower house. This can result in the government having to often dilute (weaken) its original policies often to the annoyance of voters.

Question 15

How does government majority in the UPPER house influence the effectiveness of parliament as a law-maker? (STRENGTH)

Answer 15

When the government takes up majority of seats in the upper house, it can efficiently pass law reforms and promises made during an election campaign. Additionally, a majority government is often representative of the views and values of people.

Question 16

How does government majority in the UPPER house influence the effectiveness of parliament as a law-maker? (WEAKNESS)

Answer 16

A majority government can affect the upper house from fulfilling its role of acting as a ‘house of review’, or representing the interests of the states or regions. When the government takes up majority of seats in both houses of parliament, the upper house can become what is known as a ‘rubber stamp’, being an upper house that merely confirms the decisions made by the government in the lower house.

Question 17

What is a rubber stamp?

Answer 17

A term used to describe a situation in which the upper house of parliament automatically approves the bills introduced by the lower house, because the government holds a majority of seats in both houses and members of parliament generally vote along party lines.

Question 18

What is a hostile upper house?

Answer 18

A situation in which the government does not hold a majority of seats in the upper house and relies on the support of the opposition or cross bench to have their bills passed.

Question 19

How does a hostile upper house influence the effectiveness of parliament as a law-maker? (STRENGTH)

Answer 19

A hostile senate often allows for more thorough debate and scrutiny of bills.

Question 20

What does the ‘Representative nature of parliament’ mean?

Answer 20

Representative government refers to the idea that the parliament should be representative of the community, meaning it should reflect the views and values of society.

Question 21

How is representative government upheld?

Answer 21

Representative government is upheld through regular elections, as the government can be elected out of office if they do not represent the views of the people.

Question 22

How does the Australian constitution allow for a representative democracy?

Answer 22

The Australian constitution allows for a representative democracy through the entitlement to vote, as section 7 and 24, outline how the members of the parliament should be directly chosen by the people.

Question 23

How does the representative nature of parliament improve its effectiveness as a law-maker?

Answer 23

• As the parliament is directly elected by the people, the parliament is likely to make laws that reflects the views and values of society. They are likely to make laws in area of popular ‘law reform topics’ where the support from people is very high.
• Parliament is held to account as the people can control the composition of both houses. People can therefore influence law reforms, through petitions, demonstrations, social media, etc.
• Regular elections force candidates and political parties to consider the needs of entire society, making it democratic and representative.

Question 24

How does the representative nature of parliament hinder its effectiveness as a law-maker?

Answer 24

• As people control the composition of both houses, parliament may therefore initiate ‘popular’ law reform to gain voter support, rather than passing ‘unpopular’ bills that may be necessary or practical for society.
• Parliament may be in fear of making laws on controversial topics, in fear of being voted out the office. This means that the law remains conservative.
• Some may consider regular elections as breaching individual rights, as they force individuals to vote, even if they do not want too. So the democratic nature of this system may be challenged.

Question 25

Discuss regular elections.

Answer 25

Regular elections ensures that the government is being mindful of acting on the best interest of people, or risk being voted out the office. State elections occur every 4 years, while federal elections occur every 3 years.

ADVANTAGE- An advantage of regular elections being held every 3-4 years, is that it gives an opportunity for the government to be voted out of office, if they do not reflect the views and values of people.

DISADVANTAGE- However, 3-4 years is a relatively short period of time to implement long and effective law reform campaigns that go over many years. This makes the government hesitant to make large law reforms that go over many years, even if they are necessary for society. Therefore law reforms that go over many years, may be avoided due to regular elections.

Question 26

Voting participation in law-making (ADVANTAGE)

Answer 26

Individuals and groups can pressure the parliament to change the law in a variety of ways (e.g, petitions, demonstrations, social media etc). The representative nature of parliament should consider these law reform suggestions and change the law accordingly.

Question 27

voting participation in law-making (DISADVANTAGE)

Answer 27

Parliament may decide to change the law in areas of law reform that people popularly advocate for, in order to win voter support, instead of considering the less popular law reforms that are necessary.

Question 28

What are political pressures?

Answer 28

Political pressures are the actions of the political parties, Australian organisations (such as business groups, trade unions, ore religious bodies) and international bodies (such as the United Nations) that seek to influence how laws are changed in Australia.

Question 29

Discuss political pressures within a political party.

Answer 29

STRENGTH:

• Most of the time, members of parliament will vote with their party, which ensures that law-making is stable and efficient.
• Occasionally, members of parliament are allowed a conscience vote, usually laws related to social issues, such as abortion. This means that members of parliament do not have to vote within their party, and instead can vote according to their own views.

LIMITATIONS:

• However, members of parliament cannot vote independently for every issue. Therefore, members of parliament have their own political views, in which they cannot always share, and so they may not always agree with the agenda of their political party. These disagreements can encourage parliament to thoroughly scrutinise and debate legislation.
• Additionally, when parties have internal disagreements, it can distract members of parliament from their roles in law-making. This can slow down or prevent new legislation from being presented into parliament on controversial topics.

Question 30

Where can pressure for law-reform come from outside the governing body?

Answer 30

Pressure for law reform can come from outside the governing body, such as the opposition, feedback from community (both individuals and organisations), and lobbying from groups in society.

Question 31

Discuss domestic political pressures.

Answer 31

STRENGTH:

• Organisations such as business groups and unions can pay to televise persuasive advertising that creates dislike for legislation/ proposed legislation, putting pressure on law-makers to change their law. This can be EFFECTIVE as it can result in the government implementing law reform that is in line with the views and values of the people.

WEAKNESS:
- Parliament can be reluctant to pass legislation on controversial topics, in fear of being voted out the office.

• Parliament has no legal obligation to consider or accept the pressures of society in changing the law. This is a WEAKNESS as some of these areas of law reform are necessary to change, but the parliament is hesitant to change them.

Question 32

Discuss international political pressures (treaties).

Answer 32

STRENGTH:

• International treaties can pressure the Australian parliaments to implement laws which incorporate the rights and rules of the treaties. This is a STRENGTH as Australia’s laws are more likely to uphold the laws of justice and promote human rights.

LIMITATION:

• Implementing the policies of international treaties may result in Australia’s laws being more concerned with what the world wants, then what is SPECIFICALLY needed for the Australian people.

Question 33

What are the three restrictions on parliament?

Answer 33

• Their law-making jurisdiction.
• Section 109 of the constitution.
• Constitutional restrictions (express rights and referendum process.)

Question 34

Discuss Jurisdiction as a restriction on the ability of parliament to make law.

Answer 34

Both the state and federal parliaments are only able to make laws according to the law-making powers given to them in the constitution.

This ensures that different parliaments are only making laws within their constitutional law-making powers. E.G., the commonwealth parliament, can only make laws under exclusive and concurrent powers. This controls and restricts parliaments ability to make laws.

However, the high court can only declare legislation that is outside a parliaments law making power, as ultra vires, if someone takes a case to it. This means that law-making restriction doesn’t affect parliaments, unless a case is brought to the high court.

Question 35

Section 109 as a restriction on the ability of the parliament to make law.

Answer 35

Section 109 states “when a law of a state is inconsistent with a low of the commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”

This acts as a restriction on law-making, as the states may be reluctant to legislate in areas of law, where the federal parliament has already passed laws. - STRENGTH

However, state parliaments are not stopped from passing laws that contradict federal laws. To be declared invalid, the law must first be challenged in the high court. - WEAKNESS.

Question 36

What are some sections of the constitution that can limit the ability of the parliament to make law.

Answer 36

There are a number of sections in the constitution that can limit the ability of the parliament to make laws. These include:
- s.116: outlines the freedom of religion.
-s.92 requires there to be free trade between countries.
- s.128. limits the ability of the commonwealth parliament to change the constitution.

Parliament is unable to legislate in a way that breaches these sections of the constitution, or is at risk of the law being declared invalid in the high court.

Question 37

Discuss constitutional restrictions on the ability of the parliament to make law.

Answer 37

Constitutional sections that include express rights (freedom of religion), implied rights (freedom of political communication), and the referendum process, limit the ability of the parliament to make law.

Parliaments are restricted by specific provisions in the constitution. For example, parliaments cannot make laws that infringe on express and implied rights in the constitution. This restricts the ability of the parliaments to make laws that breach specific sections in the constitution. STRENGTH

However, there are only a few constitutional restrictions (5 express rights and one implied right) that can impact law-making. This means that the constitution doesn’t fully restrict the ability of the courts to make law. Additionally, laws that breach the constitution must be challenged in the high court, which is an expensive process. - LIMITATION.