Laws and parliment

Question 1

What are laws?

Answer 1

Most powerful means of controlling people within a specified state

Question 2

Who can make laws?

Answer 2

Sovereign political entities such as sates within federal nations

Question 3

What are the 4 characteristics of laws?

Answer 3

Applicable to whole population, applicable to a defined geographical jurisdiction, applicable all of the time, sanctions that occur if you break the law

Question 4

What are the 4 types of law

Answer 4

Constitutional, statue law which is made in parliament, common law which is made by the court, delegated legislation made by government departments

Question 5

What are the 2 types of statute law?

Answer 5

Ordinary and superior

Question 6

Superior vs inferior law

Answer 6

Superior law is made by parliament which reflects the will of the people, inferior law is made by judges

Question 7

What are the 4 aims of statute law

Answer 7

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

Question 8

Legislative process ensures

Answer 8

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

Question 9

What are the 5 purposes of constitutional law?

Answer 9

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

Question 10

Describe implementing executive policy?

Answer 10

When PM’s make promises in an election which needs parliament to change the law so they can carry out these agendas

Question 11

Describe authorising executive expenditure

Answer 11

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)

Question 12

Describe approving the budget

Answer 12

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

Question 13

Describe amending existing law

Answer 13

Changing laws to keep up to date with changing technology, community values and other forms of social change

Question 14

Describe repealing existing law

Answer 14

?

Question 15

Describe abrogation

Answer 15

Responding to court decisions, courts can make common law decisions but parliament can pass an act to override these if they disapprove

Question 16

Describe codifying legislation

Answer 16

Making a court decision into law by parliament passing the law

Question 17

what is a referendum

Answer 17

compulsory national vote that is binding and involves a constitutional change

Question 18

What is a plebiscite

Answer 18

compulsory national vote that is binding but doesn’t involve constitutional change

Question 19

What is a national-postal survey

Answer 19

a not compulsory national vote that doesn’t involve constitutional change and isn’t binding (same-sex marriage vote)

Question 20

What are the processes in the HOR and the senate

Answer 20

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

Question 21

Contemporary issues with the legislative process

Answer 21

Executive dominance and senate obstruction

Question 22

Issue with executive dominance

Answer 22

Westminster system- government is formed by party/coalition with absolute majority in the HOR, Allows government policy to dominate legislative agenda

Question 23

However statements for executive dominance

Answer 23

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

Question 24

Senate obstruction

Answer 24

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

Question 25

Legislative successes

Answer 25

Medevac repeal- secret deal with Jacqui Lambie, 2019

Question 26

Legislative fails

Answer 26

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