U4 AOS1 Role of the houses and crown in law-making

Question 1

How many members are there in the lower houses?

Answer 1

• 151 in House of Representatives
• 88 members in Legislative Assembly

Question 2

What are the 5 roles of the lower house?

Answer 2

1. Initiate and make laws
2. Act as a house of review (but not often)
3. Determine the government (maj. seats)
4. Act as a ‘people’s house’ (electorates representing)
5. Control government expenditure (money bills only introduced in lower house)

Question 3

How many members are there in the upper houses?

Answer 3

• 76 in Senate (12 senators from each state, 2 from each territory)
• 40 in Legislative Council

Question 4

What are the 4 roles of the upper house?

Answer 4

1. Initiate and pass bills
2. Act as a house of review
3. Act as a states’ house (Senate only)
4. Scrutinise bills through committee process

Question 5

What does acting as a states’ house mean?

Answer 5

Due to composition (ensures equal representation from each state), senate represents interest of each state
- Entrenched in s7 of Constitution
Thus, senators must represent the states they are from

Question 6

What does scrutinising bills through committee process mean?

Answer 6

Senate has number of committees (Senate Standing Committee of the Scrutiny of Bills)
- Role to assess proposed legislation, determine what impact it has on people and rule of law
○ Can make recommendations on whether to pass law.

Question 7

What does acting as a house of review mean?

Answer 7

(For Upper house)
Majority bills are initiated in lower house, thus upper has larger role in review.
- Debating and scrutinising proposed legislation
Upper house ensures bills that are inappropriate or not in the best interest are not passed

Question 8

What does initiating and passing bills mean?

Answer 8

(In the lower house)
Any member can introduce bill
- Will be debated and possibly amended
- Must receive majority vote to pass
- New bills usually introduced by MP from government
If introduced by another member that is not from government, called private member’s bill

Question 9

What are the three similarities between the houses?

Answer 9

• Can initiate new laws (bills), debate on whether they should pass
• Involve elected representatives voted in by Australian public (Must engage in law-making for people).
• Both houses can act as house of review

Question 10

What are the differences between the houses?

Answer 10

• Only lower house has tole of forming government (thus most bills initiated in lower house)
• Lower house can control government expenditure - bills must pass through both houses before govt. can collect taxes)
• Senate has equal representation of states, acts to represent interests of each state in law-making
• House of reps members voted in by electorates, based on population numbers.

Question 11

What are the three roles of the crown?

Answer 11

1. Provide Royal Assent (or withhold)
2. Appoint Executive Council
3. Exercise Reserve Powers

Question 12

What is providing royal assent?

Answer 12

Once bills successfully passed through both houses of parliament, representative provides formal approval
- final step before law
- Can be withheld (if used in cth parliament, the outlined in constitution)

Question 13

What is appointing executive council?

Answer 13

Made from PM/Premier and senior government ministers
- crown is official head, (can set dates for sitting, etc.)
- Can give advice on gov. matters and approve secondary legislation (e.g rules/regulations made by secondary authorities (council))

Question 14

What are reserve powers?

Answer 14

Stated in constitution:
- Power to dissolve (or refuse to) house of Reps
- Power to dissolve parliament on occasion of deadlock
- Power to appoint (or dismiss) ministers

Generally used on ministerial advice, but GG can act independently in circumstances where:
- No maj. in election (GG selects PM)
- PM loses support of house of reps (appoint new one)
- PM advises dissolution of house of reps, GG can refuse or request further reasons why.