Structure of Aus Political and legal system

Question 1

Separation of powers

Answer 1

The structure is as follows;

Legislative Branch is responsible for passing statute law, which must pass through both the House and Senate, as well as royal assent to become law. Parliment is regarded as the sovereign power within the state, and its role is outlined in Chapter 1 of the Commonwealth constitution. The parliment is directly elected by citizens and hold delegated power to make decisions on their behalf.

The Executive branch is responsible for implementing laws made by the legislature. An executive may be called a ‘Cabinet’ or “ministry’, with ministers holding portfolios of responsibility in government activity, such as defence or education. Includes public service.

Note the difference between the Constitutional executive and Real executive.

The Judicial branch of governement is arguable the most crucial, as it acts as a check and balance on other branches by interpretating Law to resolve disputes. Judges have the power to make legally binding decisions and courts are arranged in a court hierarchy. Judges are appointed by the executive and the judiciary must keep independence.

Note the fusion of Legislative and Executive branches, as outlined in section 64 of the Constitution, “Ministers of State - Members of the cabinet must sit in parliament”.

Question 2

Structures of Federalism

Answer 2

Both Commonwealth and state governments have their own SOPs, with Legilsative, Executive and Judicial branches.

Structures of Federalism
- 3 Branches with SOP
- politically uretral permanent public service
- Federal divison of Gov
- Representative Gov

Question 3

Representative government

Answer 3

Structure of House

• Prefferenctial voting
• must get 50%+ to win seat
  *take into account ‘winners bonus’ (34% of votes, 100% of power)

Structure of Senate

• proportional voting (10% votes=10% seats)
• must fill quota rather than a majority
• single transferable vote proportional representation (STV/PR) since 1949
• Senate has multi-member seats

Question 4

Westminster conventions of responsible parliamentary government

Answer 4

IMR

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Question 5

Structure of a Constitutional Monarchy

Answer 5

• Monarch exercises authority in accordance to the constitution
• Governor General acts as monarch’s representative and is part of ExCo (Executive Council of the Commonwealth)

Question 6

Australia’s Common Law System Structure

Answer 6

Federal court hierarchy

• High court of Australia
• Federal court of Australia
• Federal circuit and family court of Australia

State/Territory hierarchy

• Supreme Court
• District/County Court
• Magistrates Court

*court of appeals
* WA has its own family court

Question 7

Institutions of Federalism

Answer 7

Institutions of Federalism

• Commonwealth Grants commission (CGC), transfers money from the Commonwealth tax, and redistributes it to the States, to fund services such as health and education.
• Ministerial Councils, federal and state ministers with overlapping responsibilities meet
• High Court of Australia, resolved disputes between the Commonwealth and state levels, includes decisions on Constitution meanings and determines where particular powers lie.