the bicameral structure of parliament Flashcards
features of parliament
- Parliament’s main role is to make and change laws.
- It is the supreme law-making body within its power.
- Parliament is composed of elected members who make laws on behalf of the people.
- Members must make laws reflecting the views and values of the people to be re-elected.
- Parliament has various features, structures, and processes to be an effective law-making body.
- There are limitations and factors that may restrain Parliament’s ability to make laws.
- Factors can also allow or pressure Parliament to make laws.
Introduction to the bicameral structure
of parliament
Both the Commonwealth and Victoria have a bicameral parliament, which means they have two houses (chambers). The requirement for the Commonwealth Parliament to be bicameral is contained in section 1 of the constitution
define bicameral parliament
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)
The Australian Constitution – section 1
Legislative Power
The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called The Parliament, or The Parliament of the Commonwealth
the requirement for the victorian parliament to be bicameral is contained in…
- The requirement for the Victorian Parliament to be bicameral is contained in the Constitution Act
1975 (Vic) - section 15. - The Constitution Act is known as the Victorian
Constitution, which provides the framework for how the Victorian Parliament operates.
Constitution Act 1975 (Vic) – section 15
Parliament
The legislative power of the State of Victoria shall be vested in a Parliament, which shall consist of Her Majesty, the Council, and the Assembly, to be known as the Parliament of Victoria.
what does a bicameral structure of parliament require?
- A bicameral structure of parliament requires a bill to be passed in identical form by a majority in both houses to become law.
- This requirement can enable and limit Parliament’s ability to make law.
- The composition of the upper house and the parliamentary law-making process are features of the bicameral structure.
- These features can influence the effectiveness of Parliament as a law-maker.
The requirement for two different groups of people to agree on a law being made is a form of ‘quality control’ on a bill in two ways:
- the second house double-checks the bill and may suggest amendments
- the second house reviews the proposed law to ensure there is no misuse of law-making power by
the other house.
define bill
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)
the composition of the upper house
- The political party (or coalition) with the majority of seats in the lower house forms the government.
- Most bills are introduced in the lower house, where most government ministers are members.
- The second house, usually the upper house (Senate in Commonwealth Parliament, Legislative Council in Victorian Parliament), is important in the law-making process.
define coalition
an alliance or joining together of two or more political parties, usually to form government
Since all bills must be passed by both houses of parliament before they can become law, the composition of the upper house becomes important as to whether parliament is able to make laws.
In particular:
- if there is no government majority in the upper house (i.e. it has a minority of seats), legislation may be
more readily amended or rejected by those who have the balance of power, possibly for political gain - if the government has a majority of members in the upper house, it can pass bills easily, although the review process may be limited. This is known as ‘rubber stamping’ bills.
No government majority in the upper house
define minor party
a political party that can pressure the government on specific issues to bring about law reform, despite not having enough members or electoral support to win government
define crossbenchers
members of Parliament who are not members of either government or opposition (i.e. independent members or members of minor parties). They are named after the set of seats provided in parliament for them, called the ‘crossbench’
define balance of power
(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)
define law reform
the process of constantly updating and changing the law so it remains relevant and effective
define hostile upper house
a situation in which the government does not hold a majority of seats in the upper house and relies on the support of the opposition or crossbench to have their bills passed
define parliamentary
committee
a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party
Government and Upper House Dynamics
- Government lacking a majority in the upper house can face difficulties implementing its legislative agenda.
- The crossbench can force the government to amend bills or reject them by voting with the opposition.
- At the Commonwealth level, the government often lacks a Senate majority, leading to thorough debate but potential obstruction of law reform.
- Example: In 2022, the ALP needed support from the opposition or crossbench (including the Australian Greens) to pass bills.
- The Australian Greens threatened to block climate change reforms in 2022 unless further measures were included.
- A diverse upper house can lead to more effective law-making by considering a wider range of views and better reflecting community interests.
- Support for minor parties and independents has increased, evidenced by the 2022 federal election.
Power and Influence of Minor Parties and Independents
- Without a majority in the upper house, a small group of independents or minor party members can hold disproportionate power.
- These members can block government bills or negotiate amendments, sometimes focusing on narrow policy issues.
- High-profile independents and minor party leaders, such as Senator Pauline Hanson, have faced criticism for narrow policy agendas.
- Concerns include whether these members represent the views and values of the majority and their focus on a limited range of policy issues.
- Example: 11 independents elected in 2022 were funded by Climate 200, highlighting increased support for independents with specific agendas.
Government Majority and ‘Rubber Stamp’ Upper House
- The government can hold a majority in both the upper house and lower house.
- In this scenario, the upper house may act as a ‘rubber stamp’, merely confirming lower house decisions.
- Government members usually vote along party lines, ensuring government bills are passed.
- Some argue this is effective for passing laws and implementing the government’s legislative program.
- Public pressure and the risk of not being re-elected are the main checks on government power.
define rubber stamp
a term used to describe a situation in which the upper house of parliament automatically approves decisions made in the lower house because the government holds a majority of seats in both houses and members of the government generally vote along party lines
define private member
a member of parliament who is not a government minister