Unit 3 AOS 1

Question 1

What is the of the separation of powers?

Answer 1

A principle of the Australian parliamentary system which splits the governing powers into three separate sectors ensure no single body has “absolute power” over the legal system.

Question 2

What are the sectors of the separation of powers?

Answer 2

• Executive
• Judiciary
• Legislative

Question 3

What is the Executive in the separation of powers and what is their role?

Answer 3

The Executive is made up of the governor/governor general and senior ministers
Their role is to administer law and manage the “business of government”

Question 4

What is the Judiciary in the separation of powers and what is their role?

Answer 4

The Judiciary is made up of the courts and tribunuals

It’s role is to enforce law and settle disputes

Question 5

What is the Legislative in the separation of powers and what is their role?

Answer 5

The Legislative is made up of the Parliament, bc the government controls the lower house they control what is introduce

It’s role is to make laws

Question 6

What is meant by representative government?

Answer 6

Representative government refers to the fact that the government should represent the views of the majority in society. Members of parliament are voted in by their electorate and should, therefore, speak on their behalf.
Regular elections maintain this principal for if a government is not representing the values of the majority of the time they will not be re-elected.

Question 7

What is responsible meant by government?

Answer 7

The principle of responsible government refers to the fact that the government must be answerable to the public. Each minister in government has a responsibility for managing their specific portfolio and a general responsibility to act with integrity and not exploit their power. Not upholding this principle may not doing so may lead to dismissal or not being re-elected and may tarnishing the government’s reputation

Question 8

What is one contemporary example of responsible government?

Answer 8

(Feb 2017). Speaker of the house of the Victorian parliament revoked of their position after claiming taxpayers money for false travel expenses

Question 9

What does the term ‘bi-cameral’ refer to?

Answer 9

This refers to the structure of parliament which gives it two sectors called houses.

Question 10

How many members in the lower house of the federal parliament?

Answer 10

House of reps = 150 members

1 for each electorate

Question 11

How many members in the upper house of the federal parliament?

Answer 11

Senate= 76 members

12 for each 6 states and two for NT and ACT

Question 12

What are the upper and lower houses of the federal government?

Answer 12

The Lower house called the House of Representatives in the federal parliament and the upper house called the Senate.

Question 13

What are the upper and lower houses of the state government?

Answer 13

The Lower house called the Legislative assembly in the state and the upper house is called the Legislative council.

Question 14

How many members in the lower house of the state parliament?

Answer 14

88 members from electoral divisions

Question 15

How many members in the upper house of the state parliament?

Answer 15

40 members elected by proportional representation

5 members from each of the 8 electoral regions.

Question 16

What is the main role of the house of representatives?

Answer 16

Members of the leading party who are not the PM are called ministers (called cabinet as a collective), each minister holds a different responsibility for one area of parliament (eg. Health, Transport, Immigration ect.)
The main role of the ministers to introduce legislation in their area

Question 17

What is the main role of the Senate?

Answer 17

It is the main responsibility of members of the senate to be a house of review. Its senators are experienced legislators oversee the proposabls of ministers in H/O/R.
Senators have the ability to reject or amend legislation which seems to be too radical or could upset social order and because they represent

Question 18

What is the main role of the legislative assembly?

Answer 18

Members of the leading party who are not the premier become ministers
Each minister holds a different responsibility over one area of parliament eg. Health, Transport, ect.
Most legislation originates from the assembly

Question 19

What is the main role of the legislative council?

Answer 19

Minor parties can be represented due to proportional representation
The L/C can refuse,delay or amend bills from L/A
Unlike the senate they do not have power to refuse to pass bills relating to money/budget form L/A
Meetings are chaired by the ‘president of the Legislative council’

Question 20

Explain four reasons why laws may need to change?

Answer 20

Technology, Changing social values, Protection of the society and Economic/Political changes in society

Question 21

Why does Technology require laws to change? give one example.

Answer 21

Laws must be fluid in their ability to adapt to current technological advancements.The ever-expanding technological empire means laws must be adapted, abolished or created to keep their relevance and effectiveness in face of the technology of the era.

An example of where new legislation was required to keep up with technological changes was seen in the recent legislation in regards to Uber. Since the drive service apps introduction in 2016 laws pertaining to taxi licences have no longer been effective as they did not consider non-conventional taxi services like uber.

Question 22

Why do changing social values require laws to change? give one example.

Answer 22

Effective laws have the ability to reflect the values of the society which they govern. As the values and attitudes of a society may change at any moment law’s be able to adapt to these changes so they are supported and followed by society members

An example of a law which may be changed due to social values is same-sex marriage. The recently introduced plebiscite of 2017 presents an attempt for governing bodies to gauge societies view on a topic before legislating on it, demonstrating the importance of the social values of the majority.

Question 23

Why does the protection of the society require laws to change? give one example.

Answer 23

If a new threat arises, a current threat intensifies or a change occurs which threatens the safety of society laws must change to overcome the threat and restore peace and safety in the community.

An example of this could be seen in the change in Parole laws in 2014. This occurred in response to the tragic rape and murder of Jill Meagher by a man on parole which prompted discussion of how parole laws need to be strengthened to protect society from such crimes

Question 24

Why do Economic/Political changes in society require laws to change? give one example. (no example)

Answer 24

Laws need to reflect the social, political and economic values of society in order to be effective, as these views are constantly developing so too should the law be fluid

Question 25

What are three ways in which individuals or groups influence legislative change?

Answer 25

• Demonstrations: in which groups of people unite to present their view through means such as Protests, Marches and Strikes.These actions aim to make a statement, spread their message and capture the attention of the parliament
• Petitions: statements outlining a particular matter which a body would like parliament to act on. They aim to have as many other community members to sign their name, as a symbol of their support before presenting it local member of parliament
• Use of media: The presentation of carefully chosen words and images that aim to persuade a group of people.This can include more traditional forms of media such as Letters to the editor and Editorials in newspapers or more modern media such as Television ads, Social media or sites like change.org

Question 26

Strengths and weaknesses of demonstrations

Answer 26

Strengths:
-An open public movement which anybody can join
-If large it enough can grab the attention of parliament as a peaceful and lawful way to expression of desire for change
Weaknesses:
-If not a large enough group the cause will not be heard by parliament
-If people in the demonstration become unruly, violent or begin to riot the cause will be ignored.

Question 27

Strengths and weaknesses of petitions

Answer 27

Strengths:
-The most direct way to get an issue into parliament as it is the most formal and logical expression of ideas

-If a substantial amount of people have signed, parliament, as a representative government of those people, will be more likely to consider it

Weaknesses:

• If the petition is not very popular it will not be as seriously considered
• Once a petition has lodged there is no more interaction and the petitioner only heard back if parliament decides to give a response
• Time-consuming process for both the petitioner

Question 28

Strengths and weaknesses of use of media

Answer 28

Strengths:
-Accessible to all: anybody can access and add to the information
Easiest, most cost and time effective way to send a message to parliament
Online medias allow messages to become widespread and viewed by more people.
Weaknesses:
-Not always taken seriously
-Although they are viewed widely that does not necessarily mean the right people (politicians and other leaders) can see them.

Question 29

What is the VLRC? Explain it’s role in changing the law

Answer 29

The Victorian Law reform commission is an independent (but government funded) organisation which develops, reviews and recommends reform of Victoria’s state laws.The commission has the charter to consult with the community and advise the Attorney-General on how to improve and update the Victorian law. It is, therefore, an indirect way of obtaining a change in the law through a time-consuming process of extensive research and broad consultation.

Question 30

What is a Bill?

Answer 30

A Bill is a proposed new law or change to existing law debated by parliament