Parliament in Law Making and Government Flashcards

1
Q

What is the main role of parliament

A

Parliament is the supreme law making body in Australia and has the power to create and change laws and legislation

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2
Q

How does the Bicameral System act as a Check on Parliament

A

The use of the bicameral system promotes the idea of representative government, as any legislation that is introduced must be critiqued and picked apart by both houses. With the lower houses representing the will of the people and the upper house representing the states

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3
Q

Define Majority Government

A

A majority government is when the government hold a majority in the lower house of parliament.

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4
Q

How does a majority government influence the ability of parliament to make law

A

A majority government will meant that since the government have a majority in the lower house, their policies and ideas will likely be supported as members will side with the party, thus allowing government to easily pass bills to become law.

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5
Q

Define Minority Government

A

A minority government, also known as a hung parliament, means that neither major political party has the majority in the lower house, and they must seek support of minor political parties to promote their policies.

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6
Q

How does a minority government influence the ability of parliament to make law

A

The minority government means that there will need to be constant deliberation and negotiation between the major parties and the minor parties they have supporting them. This can hinder the ability of the parliament to make law

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7
Q

Define Rubber Stamp

A

A rubber stamp is when the government has the majority in both the upper and lower houses of parliament

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8
Q

How does a rubber stamp influence the ability of parliament to make law

A

A rubber stamp in the upper house essentially just allows the government in the lower house to have the law passed straight away, as the members of the party are likely to side with their policies. This can allow government policies to pass easily and fluently, however can hinder the responsible aspect of parliament

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9
Q

Define Hostile Upper House

A

A hostile upper house occurs when the opposition hold the majority in the upper house

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10
Q

How does a hostile influence the ability of parliament to make law

A

As a result of the opposition holding a majority in the upper house it can cause the policies and bills to be heavily critiqued and deliberated on, which hinders the ability of government to make law, but promotes a responsible parliament.

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11
Q

Define Balance of Power

A

The balance of power occurs when there is a minority government and the minor parties gain a large proportion of power compared to their voter base.

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12
Q

How does the balance of power effects the ability of parliament to make law

A

The balance of power can cause the minor parties to have a larger amount of power and this hinders the ability of government to be representative, as the voter base did not vote them into power, yet they dictate what policies will go through.

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13
Q

Define the Committee System

A

They are the investigative bodies within each house of parliament that identify where law reform may be required.

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14
Q

What are the 3 types of political pressures

A
  1. Internal (other party members or party members)
  2. Domestic (state parliaments or the public)
  3. International (international parliament or international legal bodies)
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15
Q

Define politcal pressures

A

Political pressures are the factors and pressures that are placed on parliament to either act on, or refrain from acting on certain issues

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16
Q

How do political pressures effect the ability of parliament to make law

A

Political pressures may cause parliament to act prematurely before knowing all the important facts and create law to appease the people and situation.

17
Q

Restrictions of parliaments law making ability, commonwealth (3) and state (2)

A

C’Wealth
1. Parliament shall not create law that discriminates on people based on their state of residence
2. Cannot make law that restricts free trade between states
3. Cannot legislate in areas of residual power, as they belong to the states only. E.g. Public health
State
1. Cannot legislate in areas of exclusive power, as they belong to the commonwealth only. E.g. Coining money
2. Cannot charge a trade duty to certain states

18
Q

How to answer a question about the restriction on the law making power of commonwealth parliament

A
  1. Mention parliament is unable to legislate in the areas of the 5 express rights.
  2. List the 5
  3. Talk about how they effect parliaments ability to make law