Unit 3: AOS 1: Structure of Parliament and The Principals of the Parliamentary System

Question 1

Explain the seperation of powers

Answer 1

The principle relies on that their are three powers in our Parliamentary system. Those are executive, legislative and judicial.
Executive power, lies with the Queens representative, yet in principle is carried out by the prime minister and senior ministers. This power regards managing and applying the laws of country as well as running it’s business.
Legislative power lies with the Parliament and is regarding the power to make laws.
Judicial power lies with the High Court and other federal courts and this power is to enforce the law and settle disputes.
This prinicple ensures that no one body has absolute power or control over the Australian Parliament.

Question 2

Explain executive power and who it lies with

Answer 2

Executive power, lies with the Queens representative, yet in principle is carried out by the prime minister and senior ministers. This power regards managing and applying the laws of country as well as running it’s business.

Question 3

Explain legislative power and who it lies with

Answer 3

Legislative power lies with the Parliament and is regarding the power to make laws.

Question 4

Explain judicial power and who it lies with

Answer 4

Judicial power lies with the High Court and other federal courts and this power is to enforce the law and settle disputes.

Question 5

Outline the Structure of Victorian Parliament

Answer 5

The Victorian Parliament is comprised of two houses, an upper and lower house meaning it is bicameral. The Queen represented at this level in the form of governor. The upper house is known as the legislative council comprising of 88 members and the lower house is known as the legislative assembly comprised of 40 members.

Question 6

Outline the role of the Crown in the law-making process

Answer 6

The Crown must give royal assent once is has been passed by both houses at Parliament, before it can become a law.

Question 7

Define Representative government

Answer 7

Representative government is a government that reflects and represents the views of the majority of people. The government is comprised of representatives in which are elected by the people. These members represents electorates. They are elected at regular elections and if they fail to represent the needs of the majority of people they are likely to be voted out at the next election.

Question 8

Explain the term bi-cameral system

Answer 8

The term bi-cameral system is one that refers to a Parliamentary system that is comprised of two houses, an upper and a lower house.

Question 9

Explain how legislative and executive powers are combined

Answer 9

Legislative power and the executive power are combined in Australia, as the duties in practice are combined. The Governor General, Prime Minister and the cabinet all are a part of the governing body which is executive power. However they are also are part of Parliament which is legislative power.

Question 10

Why is judicial power independent?

Answer 10

Judicial power has an independent nature and it is vital that it is kept seperate of the other two powers. The seperation of judicial power enables courts to be free of politics. It protects the freedom of the people in court and also enables judge impartiality. As it would be a conflict of interest if Parliament who makes the laws, could also prosecute and judge upon them.

Question 11

Explain the principle of responsible government

Answer 11

The principle is based upon a governments accountablity to its voters. Ministers are responsible to people as they are responsible to Parliament. Ministers also have to undertake ministerial accountablity. Ministers must resign if they are not carrying out their role with integrity.

Question 12

All prinicples of responsible government

Answer 12

-Ministers are responsible to people as they are responsible to the parliament. They also have to undertake ministerial accountablity.
-Members of Parliament have chances to question ministers over their roles and departments
-Ministers must resign if they are not carrying out their duty with integrity or propriety.
-Public can have a say and scrutinise lawmaking process.
-Public is able to view Parliament and access records.
Example: Susan Leigh

Question 13

Reasons for Seperation of Powers

Answer 13

• Each department can perform checks and balances on one another.
• No one body will have absolute control or power
• Protects the freedom of people
• Protects the stability of government
• Seperates the bodies that make the law from those who enforce it.

Question 14

What form of monarchy is Australia?

Answer 14

Constitutional

Question 15

Who is the Crowns Representative at State Level?

Answer 15

Governor

Question 16

Who is the Crowns Representative at Federal Level?

Answer 16

Govenor General

Question 17

What is the structure of the Commonwealth Parliament?

Answer 17

Queens Repsentative (Governor General)
Upper House (Senate)
Lower House (The House of Representatives)

Question 18

What is the structure of Victorian Parliament?

Answer 18

Queens Representative (Governor)
Upper House (Legislative Council)
Lower House (Legislative Assembly)

Question 19

Explain the House of Representative

Answer 19

The House of Representatives is the lower house at Federal level. It is here where government is formed, the political party or coalition with the majority of seats in the House of Representatives will form government for the federal level. It consists of 150 members in which are elected from electorates, at elections that are held every three years. It is here where the majority of Bills are introduced, it is the only house that can introduce or amend financial Bills. The house of representatives also provides for a responsible and representative government.

Question 20

What is the roles of the House of Representatives

Answer 20

• Initate and make laws
• Determine government
• Provide a responsible government
• Represent the poeple
• Publicise and scrutinise government administration

Question 21

Explain the Senate and its role

Answer 21

The senate consists of 76 members (12 from each state and 2 from territories). Senators are elected for a six year term with half of the Senate retiring every three years.
Role
They can introduce any Bills expect those regarding expenditure or amend them, however can make suggestions for ammendments to Bills. The Senate can also act as a house of review for the lower house. The Senate provides for a responsible and representative government.
The Senate is also known as the states house, thus meaning that it represents the views of the states. Each state is represented equally with 12 senators despite the size of the state. The role of those Senators is to vauge for their states and represent their views.

Question 22

Explain the Legislative council

Answer 22

-Upper house at the State level
-40 members representing 8 regions
-Acts as a house of review for legislation passed in the legislative assembly.
-Applys checks and balances that uphold the system of responsible government.
Cannot initate or amend financial Bills but can make suggestions.
-Scrutinise government
-Providing for a representative government

Question 23

Explain the Legislative Assembly

Answer 23

• Lower house at state level
• 88 members, it is the house of government
• Elected for a four year term
• The main role is to make laws
• Determines government
• They are elected to represent the views of the poeple therefore providing for a representative government.
• Control the expenditure at the state
• Elected from 88 electorates.

Question 24

The Role of the Crown

Answer 24

• The Crown is represented by the governor general at federal level.
• Responsiblity of appointing a federal executive council
• To grant or withhold royal assent to Bills that have been passed by both houses
• Act as head of state
• Ensures the democratic system operates effectively
• To excersise reserve powers

Question 25

Explain Reserve Powers

Answer 25

• To appoint a prime minister is an election has resulted in a “hung parliament”.
• Dismiss a prime minister who has lost the confidence of the Parliament or who is acting unlawfully
• The power to dissolve or refuse to dissolve the House of Representative, despite a request from the prime minister.
  i. e Whitlam Government

Question 26

Who has the power to withhold royal assent

Answer 26

Federal Level- Power to withold

State Level- No Power to withhold

Question 27

Explain the exectuive council

Answer 27

In theory is is held by the Crown however in practice is carried out by the prime minister and senior ministers to give advice about the Commenwealth, establish departments, appoint minsters to departments, and to approve delagated legislation.

Question 28

Explain time for Public Debate

Answer 28

The passing of a Bill may to delayed to allow for the public to comment on the issue, it is a way for gauging the popularity of the propsoal. Example the Juries Act (2000) (Vic) was introduced in the 1999 and proposed to introduce majority verdicts in murder trials. There was a great deal of public concern about this proposal and it was then omitted from the Final Act (2001).

Question 29

Explain restrictions on Parliament

Answer 29

Parliament is the supreme law-making body and is able to overrule any law created by the courts and subordinate authorities, however it is restricted by the Constitution. Each Parliament can only pass laws within its jurisdiction.

Question 30

Explain the laws should reflect societies values

Answer 30

If a law is to be effective then it must reflect the values of society so as society’s values change so must the laws.

Question 31

Explain the participation of the individual

Answer 31

Australia has a democratic parliamentary system allows the people to vote in the government. Individuals can influence changes in the law by letting members of parliament know the needs of people.

• People can vote in representatives into office of whom they support their democratic policies.
• As well as the people also posses the power to vote out as a member who they believe is no longer representing the peoples needs.
• They also can approach parliamentary members and let them know the needs and attitudes of the people.
• Individuals can also partake in demonstrational petitions and contact the media in aim to attract parliaments attetnion.

Question 32

Explain what a rubber stamp is and the effectiveness of one

Answer 32

If the political party or coalition who is in government in the lower house, also own the majority of seats in the upper house, it is known as a rubber stamp. A tubber stamp means that Bills will be passed through with ease through the courts as members of both houses will vote along majority lines. This also will result in less debate and scrutinity of the Bills. Bills will pass through very easily this way.

Question 33

Explain what a hostile Senate is and the effectiveness of one

Answer 33

If the government does not hold an absolute majoirt in the Senate the Senate is considered “hostile.” A hostile Senate means that if the government wishes to pass legislation they must win over the support of minor political party senators or independents. A hostile Senate will also mean that Bills will be more debated and scrutinised before being passed. A hostile Senate may lead to less Bills being passed through, however those have been more highly debated.

Question 34

Why is Parliament referred to as the supreme law making body?

Answer 34

Parliament is referred to as the supreme law making body as it’s main role is law-making and it also can repeal it’s own laws. Parliament can also override law made by courts, and subordinate authorities providing it is within the Parliamentary jurisdiction.

Question 35

Definition of Government

Answer 35

The political party or coalition with the majoirty of seats in the lower house will form government.

Question 36

Explain three roles of the house of representtives

Answer 36

The House of representatives is the lower house in the federal Parliament is responsbile for the determination of federal government. The political party or coalition with the majority of seats will form government. They are also able to initate and make laws, these are usually introduced by the government, however any member of Parliament can propose a Bill. They also provide for a representative government as they represent the peoples views of the majority of people.

Question 37

Explain a hung parliament and explain the effectivenes

Answer 37

A hung parliament occurs when neither major political party or coalition holds the majority of seats in the lower house. This causes government to form allegiances with independent or minor political parties. The effectiveness of the quality of the House of Representatives in passing Bills as there will be more debate and scrutinisation surrounding the Bills as neither party holds a majority.

Question 38

Compare the two upper houses?

Answer 38

If an individual was elected to the Legislative Council they would serve for a term of four fixed years. This is in comparison to the Senate where is elected will serve a term of six years, with half the Senate retiring every three years due to half term elections.

Question 39

Compare the legislative council and the legislative assembly.

Answer 39

The legislative assembly is to determine government. The political party or coalition with the majority of seats in the lower house will form government. The lower house will control government expenditure, they can initate Bills regarding money. Whereas the role of the Legislative Council acts as a house of review by reviewing and scrutinising Bills that have been introduced by the lower house. The legislative council can also introduce Bills however they are unable to initiate or amend Bills regarding expenditure, however they can make suggestions to the lower house regarding money Bills.