Topic 1 - Formative Test - Australian Law (2) Flashcards
What are the 3 tiers/levels of government in Australia?
- Federal
- State and territory
- Local
Which document outlines which legislative power is held by the States and which by the Commonwealth?
Legislative power exercised by federal and state parliaments when lawmaking are outlined in the Australian Constitution.
What is this allocation of lawmaking powers between the States and the Commonwealth known as?
The allocation of lawmaking powers between the state and commonwealth tiers of government is known as the doctrine of the division of powers.
How do we know what powers the States retained at Federation?
Because they were not specifically written in the Constitution by the founding fathers. Known as residual powers.
What does “Bicameral” mean?
A “Bicameral” system is one in which the Commonwealth (federal), parliament, is comprised of two houses or chambers (Bicameral).
What sections of the constitution outline the structure of the Federal Parliament?
The structure of the Commonwealth parliament is outlined in Sections 1 and 2 of the Constitution.
Outline the makeup of the Lower House of Federal Parliament
Members of the house are elected. There are 151 seats in the lower house, and this number is determined by the overall population of Australia. States and territories are allocated a certain number of these seats, based on their individual populations. For example, NSW has a state population of approximately 7.5 million people and has 47 allocated seats in the lower house. SA has a state population 1.7 million people and has 10 seats in the lower house. Each of these seats corresponds to a single electorate. The population of each seat elects a single member to represent them in the lower house.
The winning party in an election must win at least 76 seats in the lower house. The leader of this party becomes the Prime Minister.
Why is the makeup of the Lower House so important?
Government is formed there and each seat is worth the same
Explain what happens if no-one wins a majority of seats in the Lower House.
A coalition government must be formed where a party that does not hold a majority of seats may join another party to reach the number of seats necessary to govern.
Under this arrangement, the leader of the of the smaller (likely independent) party becomes the deputy Prime Minister, and the leader of the larger party becomes the Prime Minister.
Another way of forming a government is forming a minority government. When two parties win an equal number of seats, a hung parliament is declared. Crossbenchers can then declare support for either party so a government can be formed.
What is an electorate?
An electorate is an invisible boundary drawn on a map, to create groups of voters that are approximately the same size. These groups then choose one person to represent them through a preferential voting system.
Outline the makeup of the Upper House.
Also known as the senate, the upper house’s composition should be approximately half the number of the House of Representatives. Each state has 12 senators regardless of population size, while ACT and NT are granted two seats each. Senators are elected on 6 year terms (double that of the lower house to provide stability) through a proportional voting system, electing Senators from a single, state-wide electorate.
- What did the founding fathers intend for the Upper House?
The founding fathers intended for the upper house to be a “state’s house”, where each state would have the opportunity to vote in their state’s favour, preventing the passing of discriminatory laws or laws that took away their power.
In practice, however, the emergence of political parties in the early 1900’s has resulted in strict party discipline and voting along party lines, rather than interests of the state. In some cases, this has resulted in some votes to remove state power and grant it to the Commonwealth.
What role does the Governor General play?
The Governor-General has several roles and responsibilities. However, these are largely administrative in nature; the Governor-General is not allowed to participate in debates or vote on bills. Instead, they convene and dissolve parliament. Most significantly, the Governor-General must sign and assent to all bills after they pass parliament, in order for them to become law.
Outline the structure of the Lower House in South Australia
The House of Assembly currently has 47 seats attached to single-member electorates. Like the federal parliament, the party that wins the majority of seats (50% + 1 = 24) in the House of Assembly becomes the government for a 4-year term. The House of Assembly also uses a preferential voting system to elect its members (MPs), and the decor is green.
How does someone become Premier?
The leader of the winning political party becomes the head of the government, known as the Premier. The Premier determines who they wish to serve as ministers in their government.
