Laws and parliment Flashcards
What are laws?
Most powerful means of controlling people within a specified state
Who can make laws?
Sovereign political entities such as sates within federal nations
What are the 4 characteristics of laws?
Applicable to whole population, applicable to a defined geographical jurisdiction, applicable all of the time, sanctions that occur if you break the law
What are the 4 types of law
Constitutional, statue law which is made in parliament, common law which is made by the court, delegated legislation made by government departments
What are the 2 types of statute law?
Ordinary and superior
Superior vs inferior law
Superior law is made by parliament which reflects the will of the people, inferior law is made by judges
What are the 4 aims of statute law
Implementing policy proposed by the executive branch of gov, amending or repealing existing statues, consolidate law and responding to court decisions/judge made common law
Legislative process ensures
Laws are created through heavy scrutiny through debate, speeches and committees, laws have diversity of input to reflect the diversity of Australia, laws can be initiated by any member or parliament
What are the 5 purposes of constitutional law?
Establishes the geographical and legal jurisdiction of power (federalism), creates the three arms of government, specifies processes of the government, protects fundamental rights and codifies procedures for constitutional change
Describe implementing executive policy?
When PM’s make promises in an election which needs parliament to change the law so they can carry out these agendas
Describe authorising executive expenditure
Parliaments role to look over spending of money meaning they can hold the government accountable as money spent by gov must be approved first by passing laws (s83)
Describe approving the budget
Budget gets scrutinised and debated in HOR, changes to tax have many debates between the opposition and the crossbench, new tax added must have its own legislation
Describe amending existing law
Changing laws to keep up to date with changing technology, community values and other forms of social change
Describe repealing existing law
?
Describe abrogation
Responding to court decisions, courts can make common law decisions but parliament can pass an act to override these if they disapprove
Describe codifying legislation
Making a court decision into law by parliament passing the law
what is a referendum
compulsory national vote that is binding and involves a constitutional change
What is a plebiscite
compulsory national vote that is binding but doesn’t involve constitutional change
What is a national-postal survey
a not compulsory national vote that doesn’t involve constitutional change and isn’t binding (same-sex marriage vote)
What are the processes in the HOR and the senate
First reading- Bills long title is read, Second reading and debate- Move a motion that it be read a second time, the purpose of the bill is outlined at parliament debates it, Committee stage- scrutinised by whole chamber, sent to committees (not necessarily done), Third reading- usually a formality, final vote on whether a bill can be passed to the senate, Royal assent- bill is formally introduced
Contemporary issues with the legislative process
Executive dominance and senate obstruction
Issue with executive dominance
Westminster system- government is formed by party/coalition with absolute majority in the HOR, Allows government policy to dominate legislative agenda
However statements for executive dominance
Minority government- 46th parliament (only had 75 seats), Medevac 2019- first time government lost a vote on its own legislation, Coalitions (liberal/national party)- mean more debates, nationals deal for agreeing to net zero
Senate obstruction
47th parliament has 17 people on the crossbench (went up by 3 since 46th parliament), 46th parliament government needed 3 votes to pass legislation but in 47th parliament they need 13 votes to pass
Legislative successes
Medevac repeal- secret deal with Jacqui Lambie, 2019
Legislative fails
Religious discrimination bill- didn’t reach second reading in the senate, Feb 2022, Home affairs medevac bill- amended in the senate, Feb 2019, Same sex marriage plebiscite- failed mandate, 2017
