U4 AOS1 The People and the Australian Constitution (1)

Question 1

Legislative assembly

Answer 1

The lower house of the Victorian Parliament which is comprised of 88 directly elected representative lawmakers from across Victoria.

Question 2

Bill

Answer 2

A draft piece of legislation that has not yet passed through both houses of parliament or received royal assent.

Question 3

Royal assent

Answer 3

Where the Governor-General (Commonwealth) or the Governor (State) signs of to a bill on behalf of the Crown after it has been approved by both houses of the Commonwealth Parliament. This is a necessary final step for a bill to become law and usually happens on the advice of the Prime Minister.

Question 4

Referendum

Answer 4

The mandatory requirement that needs to take place in order to alter the wording of the Constitution, in which voters take place in a compulsory vote that needs to win double majority to be successful in changing the Constitution.

Question 5

The Australian Constitution

Answer 5

A document which sets out how Australia is to be governed. It sets out the nature, function and limits of government.

Question 6

Act

Answer 6

A piece of legislation that has been passed by both houses of parliament and received royal assent.

Question 7

Prime Minister

Answer 7

The leader of the party that wins the majority of seats in the House of Representatives in a federal election.

Question 8

Bicameral parliament

Answer 8

A parliament with two houses of elected lawmakers: the Senate and the House of Representatives.

Question 9

Coalition

Answer 9

A temporary alliance of distinct parties, persons, or states for joint action.

Question 10

Crown

Answer 10

Refers to the British monarch who is represented in Australia by the Governor-General at a Commonwealth level, and by the Governor at each state level with six in total.

Question 11

Express rights

Answer 11

Human rights or legal entitlements explicitly states in the Australian Constitution.

Question 12

Governor

Answer 12

The Queen’s representative in the Victorian Parliament, who is appointed by the Queen on the advice of the Prime Minister.

Question 13

Governor-general

Answer 13

The Queen’s representative in the Commonwealth Parliament, who is appointed by the Queen on the advice of the Premier of Victoria.

Question 14

House of Representatives

Answer 14

The lower house of the Commonwealth Parliament which is comprised of 151 elected representative members from across Australia.

Question 15

High court

Answer 15

The guardian of the Australian Constitution that gives meaning to the words in the Constitution, and if necessary declares invalid any law that infringe upon the democratic principles and system of government of the Australian Constitution.

Question 16

Initiating legislation

Answer 16

Refers to the introduction of new bills to be debated and passed usually introduced by Ministers, many of whom are usually in the House of Representatives in Commonwealth Parliament, or the Legislative Assembly in Victorian Parliament.

Question 17

‘Just terms’

Answer 17

The requirement that any Commonwealth law taking possession of property must provide compensation that is fair.

Question 18

Legislative council

Answer 18

The upper house of the Victorian Parliament which is comprised of 40 elected representative lawmakers from across Victoria.

Question 19

Ministers

Answer 19

Responsible for running government departments that provide essential services such as the defense force, or welfare payments such as the old-age pension.

Question 20

Parliament

Answer 20

The supreme law-making body that is composed of an upper, and lower house and the Crown that consists of elected representatives that can be government members, members of the opposition and independent members, who make laws on the behalf of the people who vote them in.

Question 21

Rubber stamp

Answer 21

To officially approve a decision or plan without thinking about it.

Question 22

Rule of law

Answer 22

The principle that everyone in society is bound by the law, and must obey it.

Question 23

Senate

Answer 23

The upper house of Commonwealth Parliament which is comprised of 76 elected representative lawmakers from across Australia.

Question 24

Separation of power

Answer 24

A principle established by the Constitution to ensure there is no abuse of power by those bodies involved in the creation and the administration of justice. The separation of powers includes legislative, executive, and judicial powers, which in theory are all kept separate.

Question 25

List 3 roles of the Governor-general in law-making

Answer 25

Granting royal assent to legislation;

Withholding royal assent, which according to section 58 of the Constitution, refuse to grant royal assent to a bill, however, this does not happen in practice;

Suggesting amendments to legislation after it has passed both houses of Parliament, which according to section 58 of the Constitution, this power is granted to the Governor-General prior to giving the bill royal assent, which usually occurs when a mistake in legislation is found, and a minister would advise the Governor-General to return the bill to the Parliament with the suggested change;

Question 26

Describe the structure of the Senate

Answer 26

12 Senators directly chosen from each state, each elected for a term of 6 years;

2 Senators from each mainland territory, that is the Northern Territory (NT), and the Australian Capital Territory (ACT), each elected for a term of 3 years;

Question 27

List 3 roles of the Senate in law-making

Answer 27

Initiating legislation, however most legislation is introduced in the House of Representatives;

Reviewing legislation, which means the Senate’s role is to ensure new bills are debated and scrutinized, to ensure new laws are appropriate and will achieve their purpose. As the Senate usually includes many independents and Senators from smaller political parties, this allows for a wider range of perspectives to be considered when debating new bills;

Acting as a state’s house, which means as the Constitution guarantees all states equal representation, the Senate’s role as the states’ house is to ensure that bills that favor larger states, are not passed at the expense of the smaller states;

Question 28

Describe the structure of the House of Representatives

Answer 28

Comprises of 151 members with each member of the house being elected for a term of approximately three years, however the Prime Minister has some discretion regarding the timing of election for the Commonwealth Parliament. Each 151 members represent a division, electorate, or seat of a geographical area with approximately 1000,000-120,000 voters residing within the area, with the voters in the electorate choosing one person to be the community’s representatives in the House of Representatives.

Question 29

List 3 roles of the House of Representatives in law-making

Answer 29

Initiating most new legislation, and all legislation that imposes taxation or spends Commonwealth revenue, as section 53 of the Australian Constitution requires such bills to be initiated by the House of Representatives only;

Representing the people in law-making, as the members of the House of Representatives are directly chosen by the people in their community, therefore as representatives of that community they should reflect the opinions of those within their electorate when introducing, debating or suggesting amendments to legislation. If they fail to do so they risk being voted out of office at the next election.

Controlling government expenditure;

Providing responsible government;

Question 30

Describe how government is formed

Answer 30

The political party or coalition of parties that control the majority of seats in the House of Representatives forms government with the leader of this party becoming the Prime Minister. Some members of the House of Representatives who are also members of the governing party will be appointed to be Ministers.

Question 31

Describe 3 roles of the Governor in law-making

Answer 31

Granting royal assent to legislation;

Suggesting amendments to legislation after it has passed both houses of Parliament, which happens prior to giving the royal assent. This power is granted to the Governor by section 14 of the Constitution act 1975 (Vic);

Question 32

Describe the structure of the Legislative Council

Answer 32

5 Councillors directly chosen from the 8 regions in Victoria;

All 40 members of the Legislative Council face re-election every 4 years;

Question 33

List 3 roles of the Legislative Council in law-making

Answer 33

Initiating legislation, however most legislation is introduced in the Legislative Assembly;

Reviewing legislation, which means ensuring that new bills are debated and scrutinized, to ensure new laws are appropriate and will achieve their purpose. As the Legislative Council more commonly includes many independents and Councillors from smaller political parties, this allows for a wider range of perspectives to be considered when debating new bills;

Question 34

Describe the structure of the Legislative Assembly

Answer 34

88 members, with each being elected for a term of 4 years as Victorian elections are held on the last Saturday in November, every 4 years;

Each of the 88 members represent a division, electorate, or seat, with approximately 40,000 voters residing within the area;

The political party (or coalition of parties) that control the majority of seats in the Legislative Assembly forms government. The leader of this party becomes the Premier;

Some members of the Assembly who are also members of the governing party (or coalition of parties) will be appointed to be Ministers;

Question 35

Government

Answer 35

All elected members of the political party or coalition of parties, that wins the majority of seats in the lower house, with the leader of that party becoming the Prime Minister.