The people and law-makers

Question 1

Parliament

Answer 1

In Australia, Commonwealth parliament refers to a body that consists of democratically elected members, chosen by the people to federal laws and the Governor General and king.

Question 2

House of Representatives

Answer 2

The House of Representatives, the lower house, is made up of 151 members of parliament and is the house that forms government

Question 3

Senate

Answer 3

The Senate, the upper house, is made up of 76 members with 12 from each state tend to from the territories end is the house that represents states.

Question 4

Government

Answer 4

Government refers to the political party that has won an election. Their members will gain the most seats in the lower house and their leader will become the Prime Minister.

Question 5

Political party

Answer 5

An organisation comprised of members with similar political views and values. Their aim is to attract voters that share the same political views in order to gain votes in the lead up to election.

Question 6

Electorate

Answer 6

An electorate is a geographical area comprised of approximately 110,000 voters represented by a member of parliament.

Question 7

Roles of the governor general

Answer 7

-Grant royal assent.
-Suggest amendments to legislation after it has passed both Houses of Parliament.
-Summon the executive council.

Question 8

Roles of the House of Representatives

Answer 8

-Introduce bills/make laws. -Ensure representative government.
-Scrutinise legislation.
-Form government.

Question 9

Roles of the Senate

Answer 9

-Act as a House of review. -Ensure equal representation of the states.
-Initiate bills.

Question 10

Roles of the governor

Answer 10

-Grant royal assent.
-Chair executive councils.

Question 11

Roles of the Legislative Assembly

Answer 11

-Initiate new legislation. -Represent the people in law making.
-Review legislation and propose amendments.

Question 12

Roles of the Legislative Council

Answer 12

-Scrutinise legislation.
-Initiate legislation.

Question 13

Exclusive powers

Answer 13

Areas of lawmaking that are given only to the Commonwealth to legislate on. eg. Currency, Immigration and Medicare.

Question 14

Concurrent powers

Answer 14

Areas of lawmaking that are given to both the State and Commonwealth to legislate on. eg. taxation, marriage and banking.

Question 15

Residual powers

Answer 15

Areas of lawmaking that are only given to the State to legislate on as they are not stated in the Constitution. eg. criminal law, education and public transport.

Question 16

Section 109 of the Constitution

Answer 16

“When a law of state is inconsistent with a law of the commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.”

Question 17

impacts of section 109 in the constitution

Answer 17

-Requires a case to be brought to the courts for an inconsistent State law to be considered invalid.
-Restricts the lawmaking powers of the states.
-Allows State laws previously deemed invalid to come into force if the Commonwealth law is removed.

Question 18

Influence of the High Court

Answer 18

When a conflict arises and matters of the constitution are brought to the high court the outcome of the case establishes a precedent and can influence the division of powers between the Commonwealth and States.

Question 19

Changing a High court decision

Answer 19

The only ways to change the decisions of the high court is by changing the constitution through a referendum or a new case resulting in a different decision creating a new precedent.

Question 20

Brislan case

Answer 20

In the Brislan case the high court had to interpret section 51 (v) of the constitution and decide what’s considered ‘postal, telegraphic, telephonic and other like services’. Ms Williams argued that Commonwealth parliament couldn’t legislate on the use of wireless radios as they were not outlined in the constitution. The High court ruled against this, interpreting ‘other like services’ as communication devices and technology.

Question 21

Impact of the Brislan case

Answer 21

The high courts broad ruling expanded the lawmaking abilities of commonwealth parliament to legislate on all areas of technology and communicative devices.

Question 22

Factors impacting Parliaments lawmaking

Answer 22

-The bicameral structure of parliament.
-International pressures.
-The representative nature of parliament.

Question 23

Influence of a bicameral structure in lawmaking

Answer 23

-The composition of the Upper house.
-The rubber stamp effect.
-A hostile senate.
-Sitting days.

Question 24

The composition of the upper house

Answer 24

The composition of the upper house refers to the number of senators from each political party.
The balance of power in the senate is when no party holds majority, meaning the power to approve/reject bills is held by the crossbenchers.

Question 25

Rubber stamp effect

Answer 25

When government holds majority of seats in both houses, legislation may be passed without being scrutinised and amended, creating the rubber stamp effect.

Question 26

Hostile Upper House

Answer 26

When government doesn’t hold majority in the Upper house bills may be deliberately blocked by the opposition or crossbenchers which may create delays.

Question 27

Number of sitting days

Answer 27

The days where members of parliament sit in parliament and discuss bills is limited and may create delays.
eg. in 2022 the HoR sat for 64 days and the senate for 51 days.

Question 28

Types of international pressures

Answer 28

-International treaties/conventions.
-International declarations.
-The United Nations.
-Other organisations

Question 29

International Treaties

Answer 29

International treaties are an agreement between countries or organisations from which human rights obligations are created. They are legally binding internationally but to make them legally binding in Australia they must be ratified into legislation.

Question 30

International declarations

Answer 30

International declarations are non binding agreements between countries that establishes aspirational rights and obligations that parties to the agreement seek to enforce.

Question 31

The United Nations

Answer 31

The UN is an intergovernmental organisation which aims to promote international peace, strengthen human rights and achieve international cooperation’s for problems affecting the global community

Question 32

International organisations

Answer 32

International organisations such as greenpeace, amnesty international, and G20 all aim to influence law making

Question 33

Influence of the representative nature of parliament

Answer 33

-Reflecting a diverse community
-regular elections
-the willingness to act in accordance with the view of the majority

Question 34

Reflecting a diverse community

Answer 34

the democratic nature of elections may lead to a lack of diversity with MP’s meaning certain groups may not be represented properly in lawmaking

Question 35

Regular elections

Answer 35

Regular elections are held enabling the Australian people to elect members to represent them in parliament

Question 36

the willingness to act in accordance with the view of the majority

Answer 36

Methods such as petitions and protests can demonstrate to MP’s the views of the public and will likely follow in order to remain in parliament

Question 37

Checks on Parliament

Answer 37

-Representative government
-Separation of powers
-Express rights

Question 38

Representative government

Answer 38

Members of parliament are democratically elected by Australian voters accordingly to section 7 and 24 of the constitution so they should make decisions and laws that reflect the views and values of the people

Question 39

Section 7 and 24

Answer 39

Section 7 and 24 ensure the senate and house of representatives are directly chosen by the people

Question 40

Section 7 and 24

Answer 40

Section 7 and 24 ensure the senate and house of representatives are directly chosen by the people