the bicameral structure of parliament

Question 1

features of parliament

Answer 1

• 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.

Question 2

Introduction to the bicameral structure
of parliament

Answer 2

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

Question 3

define bicameral parliament

Answer 3

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 4

The Australian Constitution – section 1
Legislative Power

Answer 4

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

Question 5

the requirement for the victorian parliament to be bicameral is contained in…

Answer 5

• 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.

Question 6

Constitution Act 1975 (Vic) – section 15
Parliament

Answer 6

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.

Question 7

what does a bicameral structure of parliament require?

Answer 7

• 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.

Question 8

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:

Answer 8

• 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.

Question 9

define bill

Answer 9

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 10

the composition of the upper house

Answer 10

• 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.

Question 11

define coalition

Answer 11

an alliance or joining together of two or more political parties, usually to form government

Question 12

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:

Answer 12

• 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.

Question 13

No government majority in the upper house

Question 14

define minor party

Answer 14

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

Question 15

define crossbenchers

Answer 15

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’

Question 16

define balance of power

Answer 16

(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 17

define law reform

Answer 17

the process of constantly updating and changing the law so it remains relevant and effective

Question 18

define hostile upper house

Answer 18

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

Question 19

define parliamentary
committee

Answer 19

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

Question 20

Government and Upper House Dynamics

Answer 20

• 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.

Question 21

Power and Influence of Minor Parties and Independents

Answer 21

• 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.

Question 22

Government Majority and ‘Rubber Stamp’ Upper House

Answer 22

• 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.

Question 23

define rubber stamp

Answer 23

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

Question 24

define private member

Answer 24

a member of parliament who is not a government minister

Question 25

law-making process

Answer 25

• An average of 200 bills are introduced annually in the Commonwealth Parliament.
• A bill must be passed by both houses and receive royal assent from the King’s representative to become law.
• The typical legislative process involves a bill being introduced in one house, passed by that house, and then going through similar stages in the second house.
• The passage of a bill involves several stages, which can make the law-making process slow.
• The number of sitting days in parliament also affects the frequency and speed of the law-making process.

Question 26

stages of a bill

Answer 26

• The bicameral system requires legislation to pass through both houses, where amendments can occur.
• Parliament is often criticized for being slow due to complex processes and multiple opportunities for debate.
• The time taken for a bill to pass depends on the bill’s nature and the composition of parliament.
• Non-controversial bills typically pass quickly, while controversial bills may face lengthy debates.
• Examples include the Victorian Parliament passing a bill swiftly during the COVID-19 pandemic.
• Both Victorian and Commonwealth Parliaments were able to pass laws quickly in response to the pandemic’s urgency.

Question 27

sitting days

Answer 27

• The number of sitting days affects Parliament’s ability to make laws; bills can only be debated and passed on sitting days.
• Sitting days are also used for other parliamentary business like question time and debates.
• Members need time in the community to stay aware of their constituents’ needs.
• Parliamentary committees work outside sitting days, including holding public hearings and meetings.
• Criticism exists regarding the limited sitting days, with some seeing it as a ‘waste of time’ that hampers the passage of essential legislation.
• To address this, parliaments use structures like committees to ensure detailed debate and consideration of legislation.
• Secondary legislation allows Parliament to delegate detailed or technical law-making to specific individuals or bodies, enabling faster and more flexible regulation.

Question 28

Parliament does not sit every day or every week. For example, in the 2022 calendar year:

Answer 28

• the House of Representatives sat for 64 days and the Senate sat 51 days. Since 1901, the House
  of Representatives has sat on average for 67 days each year, with the House of Representatives
  sitting on more days than the Senate.
• the Legislative Assembly in the Victorian Parliament sat for around 40 days, though given the 2022
  November election it did not sit during October and November.

Question 29

define secondary legislation

Answer 29

rules and regulations made by secondary authorities (e.g. local councils, government departments and statutory authorities) that are given the power to do so by parliament (also called delegated legislation)

Question 30

explanation points

Answer 30

• The existence of two houses allows for review of legislation by the second house, acting as ‘quality control.’
• The review process ensures bills are double-checked, debated, and amended, providing checks against misuse of law-making power.
• If the government does not have a majority in the upper house, the upper house can more effectively act as a check on Parliament, leading to robust discussions and potential amendments.
• The complex process of passing bills ensures multiple opportunities for consideration, debate, and voting.
• Parliament can also act swiftly when needed, as demonstrated by the rapid passage of laws during the COVID-19 pandemic.

Question 31

discussion points

Answer 31

• When the government controls the upper house, it often acts as a ‘rubber stamp,’ confirming decisions from the lower house, which can reduce the upper house’s role in scrutinizing and debating legislation.
• This scenario can lead to quicker passage of bills but may result in less effective or representative legislation due to limited scrutiny.
• If the upper house is not controlled by the government, it allows for more rigorous scrutiny and debate but may give crossbench members disproportionately high power.
• There may be concerns about whether crossbench members represent the views and values of the majority or propose amendments reflecting broader community interests.
• The law-making process is slow due to multiple stages and debates; less controversial bills pass more quickly.
• Few sitting days due to MPs’ other duties can slow down law reform, but secondary legislation and committee systems provide opportunities for effective law-making.
• Parliaments are generally effective in passing necessary laws and can pass a large number of bills each year.