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Legal Studies Units 3+4 > SAC 1A (Structure of Parliament) > Flashcards

SAC 1A (Structure of Parliament) Flashcards

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1
Q

Who represents the Crown at a Federal level?

A

Governor General.

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2
Q

Who represents the Crown at a Victorian level?

A

Governor.

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3
Q

Identify the role of the Crown at a Federal level.

A
  • To grant royal assent.
  • To act as th head of state.
  • To choose and summon executive councillors and to appoint ministers for the State.
  • To exercise the reserve powers when necessary (Eg. Double dissolution in 1975 with Whitlam Gov’t.).
  • To appoint the times for the holding of Parliament.
  • To bring to end a session of Parliament.

-> Sections 2 and 61 of the Constitution outline the roles of the Crown.
> S.2 = GG is appointed by the Queen.
> S.61 = Can exercise original executive powers.

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4
Q

Identify the role of the Crown at a Victorian level.

A
  • To grant Royal Assent.
  • To act as the head of state in Vic.
  • To appoint ministers of the state for Victoria.
  • To dissolve the Parliament and bring about an election.
  • To appoint the times for the holding of a Parliament.
  • To bring to end a session of Parliament.
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5
Q

What is the name of the upper house at a Federal and Victorian level?

A 
Federal = Senate.
Victorian = Legislative Council.
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6
Q

How long do MP’s serve in the upper house(s)?

A

Senate = 6 year term (with half of the senators being re-elected after 3 years).

Legislative Council = Fixed 4 year term.

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7
Q

Number of seats in the upper house(s)?

A

Senate = 76 (12 from each state, 2 from each territory).

Legislative Council = 40 (5 senators from each of the 8 regions).

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8
Q

What is the role of the Senate?

A
  • Make laws: A bill must be passed by the H/Reps and the Senate. The Senate only proposes approximately 5% of the total bills in Parliament.
  • House of Review: Senate provides for the review of legislation passed by the H/Reps. Therefore, the Senate can originate, amend or reject a proposed law.
  • Representing the States: The Senate is responsible for safeguarding the interests of the States, as each state has the same number of senators and are, therefore, equally represented.
  • Providing for Responsible Gov’t: When the Senate is not composed of a majority of senators from the party forming Gov’t, it may force the Gov’t to account for its actions. Senators can also present petitions or raise issues during question time.
  • Srutinising Gov’t: The Senate can effectively question the Gov’t’s actions when it does not hold a majority of seats.
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9
Q

What is the role of the Legislative Council?

A
  • Make Laws: A bill must be passed by the LA and LC before becoming a law. Proposed new laws can start in the LC but are rare.
  • House of Review: Reviews bills passed by LA. Can originate, amend or reject proposed laws.
  • Representing all Victorians: Is responsible for safeguarding the interests of people in all areas of Victoria. Each region elects an equal number of MP’s, so each region has equal representation.
  • Providing for Responsible Gov’t: When LC is not composed of a majority of members from party forming Gov’t, it can force the Gov’t to account for its actions. Individual members can also present petitions and raise issues during question time.
  • Scrutinising Gov’t: When Gov’t does not hold a majority of seats in the LC, It may more effectively question Gov’t actions.
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10
Q

What is meant by the term ‘rubber stamp’?

A

Refers to when the government controls the Senate, therefore bills are passed with much greater ease.

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11
Q

What is meant by the term ‘balance of power’?

A

Refers to when neither major party has a majority, and the minor party holds the ‘balance of power’ where it can greatly influence the passing of legislation (Usually occurs in the Senate).

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12
Q

What is meant by the term ‘hostile senate’?

A

Refers to when the opposition controls the Senate and, therefore, more carefully analyses proposed bills.

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13
Q

What is the name of the lower house at a Federal and Victorian level?

A 
Federal = H/Reps.
Victorian = Legislative Assembly.
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14
Q

What is the number of seats in the lower house at a Federal and Victorian level?

A

H/Reps = 150.

Legislative Assembly = 76.

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15
Q

Who is the head of Gov’t at a Federal and Victorian level?

A 
Federal = PM.
Victorian = Premier.
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16
Q

How long do MP’s serve in the lower house(s)?

A

H/Reps = 3 years.

Legislative Assembly = Fixed term of 4 years.

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17
Q

Identify the role of the H/Reps.

A
  • Make laws: 95% of proposed bills originate from the H/Reps.
  • Determine Gov’t: The party or parties in Coalition with 50+1% of seats form the gov’t of the day.
  • Providing for Representative Gov’t: MP’s in H/Reps are elected to represent their electorate. Therefore, the electoral system ensures the H/Reps represent the interests of the majority of voters.
  • Providing for Responsible Gov’t: Individual members of H/Reps can present the views of their electorate by presenting petitions or raising issues with ministers during question time.
  • Scrutinising Gov’t: Legislation is debated, ministers make policy statements, matters of public importance are discussed, and ministers are questioned during question time.
  • Controlling the budget and spending: Gov’t can only collect taxes or allocate the spending of public money if a law is passed by Parliament.
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18
Q

Identify the role of the Legislative Assembly.

A
  • Make laws.
  • Determine Gov’t: Party or parties with a majority of seats form gov’t.
  • Providing for Representative Gov’t: MP’s of LA are elected to represent their electorate. The electoral system ensures the LA represents the interests of the majority of voters.
  • Providing for Responsible Gov’t: Individual members of the LA can put forward the views of their electorate by resenting petitions or raising issues with ministers during question time.
  • Scrutinising Gov’t: Legislation is debated, ministers make policy statements, matters of public importance are discussed and ministers are questioned during question time.
  • Controlling the budget and spending: Gov’t can only collect taxes or allocate the spending of public money if a law is passed by Parliament.
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19
Q

What are the 3 principles of Parliament?

A
  1. Representative Government.
  2. Responsible Government.
  3. Separation of Powers.
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20
Q

Define Representative Government.

A

Refers to a government which represents the views of the majority of people.

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21
Q

What are the main principles of representative government?

A
  • Must be regular elections to achieve this.
  • Members of the Senate and H/Reps must be chosen by the people (bicameral structure is vital).
  • Government must be answerable to the people.
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22
Q

Define Responsible Government.

A

Where the executive government (PM, Senior Ministers and Government Departments) is accountable to Parliament, and can only continue to govern as long as it has the support of the lower house.

-> If support of the lower house is lost, then the government must resign.

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23
Q

What are the main principles of responsible government?

A
  • Ministerial accountability (Ministers are accountable to parliament and therefore to the people).
  • MP’s can question ministers about their actions and party.
  • Ministers must carry out duties with integrity and propriety, or they resign.
  • Opportunity for public scrutiny of the law-making process (Government must respond to the concerns of the people/Parliament).
  • Committee meetings are open to the public and recorded.
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24
Q

Define Separation of Powers.

A

Refers to the fact that there are three separate types of Powers in our parliamentary system, ensuring that no one body has absolute control.

  • Executive.
  • Legislative.
  • Judicial.
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25
Q

Explain the three principles of Separation of Powers.

A

Executive: The power to administer the law and manage the business of government (held by the GG, Ministers and Government Departments).

Legislative: The power to make laws (held by Parliament).

Judicial: The power given to courts and tribunals to enforce the law and settle disputes (vested in the High Court and other federal courts).

26
Q

What is a double dissolution. Outline what occurs.

A

Refers to when the GG dissolves the H/Reps and Senate. Steps which occur are:
- The houses can’t agree on legislation (Eg. Hostile Senate).
> PM can ask the GG for a double dissolution if the Senate fails to pass a bill and (after 3 months) rejects it again.
- GG dissolves both houses.
- Full election of all members of both sprites will occur.
-

27
Q

Define federation.

A

A union of sovereign states that relinquish some powers to a central authority to form one nation.

28
Q

Define cabinet.

A

Cabinet consists of the PM and senior government ministers who have been placed in charge of a government department. It is a policy-making body; that is, it decides which laws should be introduced into Parliament.

29
Q

Define minister.

A

A government minister is a member of parliament who is also a member of the political party that has formed government, and has some particular responsibility such as being in charge of a government department.

30
Q

Define Parliament.

A

The supreme law-making body consisting of all elected members of both houses from all political parties and the Crown’s representative.

31
Q

Define commonwealth.

A

A commonwealth is a free state, or republic, characterized by a representative government.

32
Q

What pressures to legislate exist in the Senate?

A
  • Party Policy (If party that forms government passes a bill, the member of that party in the Senate must vote for it).
  • Community expectations and community lobbying.
  • GG could dissolve both houses if they can’t agree on legislation.
33
Q

What are the strengths of the Senate?

A
  • More independents and minor parties are elected in the Senate.
  • Deeper scrutiny of bills in the event that the party which forms government does not have a majority in the Senate; can suggest amendments.
  • Can restrict the power of government.
  • Has the resources required to properly analyse legislation.
34
Q

What are the weaknesses of the Senate?

A
  • ‘Rubber Stamp’: Senators could vote along party lines rather than voting in the interest of the states. (Not representative of states).
  • ‘Hostile Senate’: Can obstruct legislation and government operation.
35
Q

Evaluate the concept of separation of powers.

A

:/

36
Q

Who is the Queen’s current representative for Australia and Victoria?

A 
GG = Sir Peter Cosgrove.
G = Hon Linda Dessau.
37
Q

Explain what a hung parliament is and what occurs.

A

Refers to where neither major party holds enough of the 150 seats to ensure the successful passage of important bills or the defeat of votes of no confidence in the government.

  • The Constitution does not provide a mechanism for resolving s hung parliament.
    > Although there are unwritten conventions to deal with this situation.
  • The PM prior to the election maintains their seat in office.
38
Q

Outline what occurred in the hung parliament in 2010.

A
  • Labor and Liberals both held 72 seats in the H/Reps.

- Labor party then gained the votes of 3 independents and 1 Greens member to attain a majority and form government.

39
Q

Evaluate the effectiveness of the Senate.

A

BAD

  • Can vote along party lines.
  • Rubber stamp.
  • Hostile Senate.

GOOD

  • Hostile Senate.
  • Rubber stamp.
40
Q

What is an appropriation bill?

A

A bill that authorises the government to spend a specific amount of money.

41
Q

What is money supply?

A

Refers to the total amount of money in circulation in a state.

42
Q

What are the main functions of Parliament?

A
  • To make laws on behalf of the people for the good of our society - laws should reflect the views and values of he majority of the community.
  • To provide for the formation of government.
  • To provide a forum for popular representation and debate.
  • To scrutinise the actions of government.
  • To delegate some of its law-making power to subordinate bodies and check any delegated legislation.
  • To balance the books (decide what revenue is required and how it is to be spent).
43
Q

Explain Parliament committees.

A

Committees are formed to investigate the needs of the community and the activities of government instrumentalities.
Committees can be:
- Joint (Consisting of members from both houses).
- Select (Set up to investigate a particular issue).
- Standing (Long-term committees that do not change with a change of government).

44
Q

What is the role of the Opposition?

A
  • To examine the policies of government.
  • To check decisions made by government.
  • To scrutinise all Bills that are presented to Parliament.

An effective Opposition will hold the Government accountable for its actions (this can be done by asking questions during question time).

45
Q

Define delegated legislation.

A

The rules and regulations made by government bodies such as government departments, the executive council or statutory authorities.

46
Q

Who is a part of the executive council?

A

GG, PM and senior ministers.

47
Q

What are the strengths and weaknesses of the H/Reps?

A

t(-.-t)

48
Q

What are reserve powers? Give examples.

A

Powers held by the GG and G that can be exercised without the advice of ministers and are not listed in the Constitution.
Examples include:
- Power to appoint a new government after an election.
- Power to appoint a PM if an election results in a hung parliament.
- Power to dismiss a PM who has lost the confidence of parliament or is acting unlawfully.
- Power to dissolve the H/Reps.
- Power appoint or dismiss ministers.

-> GG Sir John Kerr dismissed the Whitlam government in 1975.

49
Q

Who can withhold royal assent?

A

GG can.

G can’t (Power was removed at a state level when the ‘Australian Act 1986 (Cth)’ was passed.

50
Q

List reasons for separation of powers.

A
  • Protects the stability of government.
  • Provides independence between the bodies that hold these powers.
  • Provides a check on the power of Parliament and the government.
51
Q

Evaluate the effectiveness of the Parliamentary system.

A
  • Is it a rubber stamp?
  • Time for public debate.
  • Restrictions on parliament.
  • Laws should reflect values.
  • Participation by the individual.
52
Q

What is the cabinet’s main role?

A

To decide on general government policy and to formulate proposed laws to be introduced into Parliament.

53
Q

CABINET IS NOT MENTIONED IN THE CONSTITUTION.

What are the conventions which the Cabinet operates under?

A
  • The GG acts on the advice of the Cabinet.
  • Members of the Cabinet (ministers) come from the party with the majority in the lower house.
  • Members of the Cabinet have the support of the members from the party that holds the majority in the lower house.
  • If members of the Cabinet lose the support of the party, they will resign from the Cabinet.
54
Q

What is the role of the premier/PM?

A

Role is not stated in the Constitution, however their main role are to:

  • Act as the leader of the government of the day.
  • Appoint ministers to be responsible for various departments (Eg. Education department).
55
Q

Define legislation.

A

Laws made by Parliament, known as Acts of Parliament or statutes.

56
Q

Define prime minister.

A

The member of parliament who leads the political party that had formed government.

57
Q

Define royal assent.

A

The signing of a proposed law by the Crown’s representative before it becomes law.

58
Q

Define statute.

A

Also knows as an Act of Parliament or legislation.

59
Q

Define supremacy of Parliament.

A

AKA sovereignty of parliament.
Refers to the concept that the final law-making power rests on parliament. Parliament can repeal and amend its own previous legislation and can pass legislation to override common law.

60
Q

Define Westminster principles.

A

The set of principles that underpin our parliamentary system, inherited from the UK, known as the Westminster system. Principles are:

  • Responsible government.
  • Representative government.
  • Separation of Powers.
  • Structure of state and Commonwealth parliaments.
  • Roles played by Crown and Houses of Parliament.
61
Q

Which document explains the principle of separation of powers?

A

Commonwealth of Australia Constitution Act 1900 (UK).

62
Q

STRENGTHS AND WEAKNESSES OF H/REPS FIND

A

EFFECTIVENESS OF PARLIAMENT ELEMENTS FIND

Legal Studies Units 3+4 (8 decks)

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