parliament and the constitution

Question 1

define balance of power

Answer 1

(between political parties) a situation where no single party has a majority of seats in one or both houses of parliament, meaning the power to reject or approve bills is held by a small number of people (e.g. members of minor parties and independent members)

Question 2

define bicameral parliament

Answer 2

a parliament with two houses (also called chambers). In the Commonwealth Parliament, the two houses are the Senate (upper house) and the House of Representatives (lower house). In the Victorian Parliament, the two houses are the Legislative Council (upper house) and the
Legislative Assembly (lower house)

Question 3

define bill

Answer 3

a proposed law that has been presented to parliament to become law. A bill becomes an Act of Parliament once it has
passed through all the formal stages of law-making (including royal assent)

Question 4

define executive power

Answer 4

the power to administer the laws and manage the business of government, which is vested in the Governor-General as the Queen’s representative

Question 5

define express rights

Answer 5

rights that are stated in the Australian Constitution. Express rights are entrenched, meaning they can only be changed by referendum

Question 6

define High Court

Answer 6

the ultimate court of appeal in Australia and the court with the authority to hear and determine disputes arising under the Australian Constitution

Question 7

define implied rights

Answer 7

rights that are not expressly stated in the Australian Constitution but are considered to exist through interpretation by the High Court

Question 8

define international pressures

Answer 8

demands made on parliaments, from within Australia or beyond, to make (or not make) laws that address matters of international concern

Question 9

define judicial power

Answer 9

the power given to courts and tribunals to enforce the law and settle disputes

Question 10

define legislative power

Answer 10

the power to make laws, which resides with the parliament

Question 11

define representative government

Answer 11

a political system in which the people elect members of parliament to represent them in government

Question 12

define separation of powers

Answer 12

a doctrine established by the Australian Constitution that ensures the three powers of our parliamentary system (i.e. executive power, legislative power and judicial power) remain separate

Question 13

define ultra vires

Answer 13

a Latin term meaning ‘beyond the powers’; a law made beyond (i.e. outside) the powers of the parliament