Function of parliament

Question 1

Federation

Answer 1

Power distributed vertically between commonwealth and states

Question 2

3 powers in the constitution

Answer 2

Exclusive (s52), concurrent (s51,s109), residual (chap 5)

Question 3

4 functions of parliament

Answer 3

Representative function- represent the people, Legislative function- pass laws, Responsibility function- holds the executive to account (responsible gov- Westminster convention), Debate function- nation’s premier forum for the discussion of issues

Question 4

Representative function in theory

Answer 4

Commonwealth parliament elected by the people (s7,s24), HOR- “peoples house” (British house of commons), delegate representation, Senate- “states house” (modelled on US senate), trustee representation, Washminster hybrid

Question 5

Representative function in practice

Answer 5

Political parties dominate parliament, Most people vote for the parties ideologies and policies, not a specific person in the party however can vote for Teals, Many people vote for a party because of its leader (can deter people from voting E.g Scomo)
Senate- ‘Partisan house’, single transferrable vote introduced in 1949

Question 6

Legislative function in theory

Answer 6

Specifies that parliament should initiate, deliberate and pass legislation, Laws made by parliament are: Scrutinised, Have diversity of input, Can be initiated by any MP (little success), Follow strict statutory process, senate is the house of review

Question 7

Legislative function in practice

Answer 7

Government dominates the legislative process as government has majority in the HOR, Use of gag, guillotine and flood-gating

Question 8

Responsibility function in theory

Answer 8

Westminster chain of responsibility, Power of government comes from the confidence of the lower house, Parliament chooses the government

Question 9

Responsibility function in practice

Answer 9

Parliament doesn’t really choose the government- preferential voting and influence of parties usually results in a clear majority
Minority governments are rare, E.g 2010, Westminster conventions states that the gov is drawn from and responsible to parliament

Question 10

Debate function in theory

Answer 10

Parliament is the nation’s highest forum for the debate of issues, Examples of debate opportunities: Grievance debate, Private member’s business, Members statements, Matters of public importance, Parliamentary privilege- ultimate freedom of speech (protects from defamation), parliamentary privilege

Question 11

Debate function in practice

Answer 11

Executive dominance impedes on the debate function, Government business- longest agenda item sitting days, Gags and guillotines, Influence of political parties ‘point scoring’

Question 12

Upholding the representative function in the HOR

Answer 12

Conscious votes- euthanasia in territories, crossing the floor in the religious discrimination bill, voice to parliament, 11 independents on the crossbench

Question 13

Undermining the representative function in the HOR

Answer 13

Same-sex marriage amendments conscious vote- Tony Burke voted yes against 70% of his electorate, Russel Broadbent voted no against 63% of his electorate, Abbot and Scomo abstained, ALP has strict caucus party rules (can’t cross the floor), women only make up 39% of HOR, 2020 COVID shutdowns stopped gov sittings rushing many bills and meaning people coulnd’t sit and vote in parliament

Question 14

Upholding the representative function in the senate

Answer 14

Jacqui Lambie representing Tasmania in the religious discrimination bill (Tas already had religious freedom), got $157 million for Tasmania housing in return for her vote, centre alliance supporting the university funding bill (even tho opposed) in exchange for more funding for SA uni’s, David Pocock- first independent senator for the ACT

Question 15

Undermine representative function in the senate

Answer 15

Lidia Thorpe quitting the greens after she had the No 1 spot on the ticket but has pledged to always vote with the greens except on the voice to parliament, 18 members on the crossbench, tyranny of minority in medevac, 58% women in the senate

Question 16

Legislative function in the HOR

Answer 16

46th parliament gained royal assent to 401 bills, some bills are rushed through such as job keeper, Amendments can be added for a bill to pass- Bandt said the bill wouldn’t get their senate votes if they didn’t add that 43% emissions by 2030 was the ‘floor’

Question 17

Tactics used that undermine the legislative function in the HOR

Answer 17

Gags- gov majority means that they can use rules of the chamber to close down debate and order MP’s to stop speaking and almost always win, putting time limits on debate, flood gating- gov overwhelms parliament with legislation, Filibustering- members of the house just talk- Hanson filibustered to stop medevac from passing before Christmas break, refusing pairs- opposition refused to pair votes which was an issue as the gov only had 76 seats

Question 18

Legislative function in the senate

Answer 18

Religious discrimination didn’t pass the senate as they decided there wasn’t enough time to properly scrutinise the bill, medevac- gov lost the vote on their own legislation, crossbench can be the deciding vote and add amendments, double dissolution elections- 2016 caused by the defeat of the ABC bill which made it easier to be elected to the senate

Question 19

Responsibility function in reality

Answer 19

Majority gov means weaker responsibility, censures are more effective in the senate as there isn’t gov majority, question time can be less effective as the government dictates how much time is allocated for questions, Dorothy dixers- dominate question time with pre-written questions, filibustering, censures- Richard? was censured due to his lack of responsibility in the aged care sector, 25-21, minority gov means that mandates and bills can be stopped from passing

Question 20

Debate function in reality

Answer 20

Gov majority means that gags and guillotine can be used to stifle debate, ALP- strict party discipline but behind closed doors there is robust debate but that means there is a lack of transparency, Religious discrimination bill debate lasted until 4am- debates can last a long time, Tony Burke (leader of the house) outlined a series of changes to ensure the crossbench is allowed some questions in question time, Wilkie using parliamentary privilege to accuse Hillsong of money laundering and tax evasion