Unit 4 : AOS 2 Flashcards
The Role of the Lower House
- Determine which party forms government
- Political party with a majority of members in the lower house forms government - Publicize and scrutinize government administration
- Lower house questions the activities of government and discuss issues of public importance
The role of the upper house
- Act as a house of Review
- They scrutinize any bill initiated from the lower house - Initiate and make laws
- Most bills are initiated in the lower house, any bills other than money bills can be initiated in the upper house
Role of the Crown
- Grant Royal Assent.
Queen representative must sign bills before they become law, normally given as a matter of course
- Appoints executive council
Queen representative appoints the executive council which approves secondary legislation
Effectiveness of the lower house
Can have a majority and minority government
Majority Government:
Party that holds the majority of seats in the lower house forms government
If there is government the legislative program or policies will generally be accepted
It has the power to introduce whatever bill it likes and can limit the debate in the upper house and could act like a ‘rubber stamp’ e.g John Howard | Work choices
Minority Government - Julia v Abbot
hung parliament where neither major political party wins a majority of seats in the lower house during election.
Majority parties must seek the support of members of minor politcal parties and independents so they can form a minority government. Doing so they must constantly negotiate with the minor parties and independents
Effectiveness of the Upper House
It can become a Rubber Stamp or a Hostile Upper House.
Rubber Stamp: e.g John Howard Work Choices
- Where there is a majority in both houses and the upper house generally approve the decisions made by the lower house
Rubber stamp may prevent the upper house from adequately fulfill its role to scrutinize bills or represent the interests of the states/region
Hostile Upper House:
-Considered Hostile when government does not hold majority seats.
- Government could have difficulty implementing its agendas
- Balance of Power. As the government would need to win the support of the minor parties and independent to have bills passed
However,
- Diverse upper house can be seen as an effective parliament
Bicameral Law Making Process: Strength & Weaknesses
Strength:
1. Bills being passed though both houses, ensures that there is ample opportunity to review and scrutinize any bills and propose amendments.
However
- Parliament only sits for a limited number of days each year. Which limits the number of new laws that can be created (asked svetty for an example)
- Parliament can move quickly to pass laws when the need arises, especially if the government controls both houses. e.g Anthony Albanese pass NIDS laws?
However,
- The legislative process is complex, it can be very slow
The Representative nature of parliament
Meaning of representative government:
Parliament and government make laws on behalf of the people who elect them. If don’t, they maybe re-elected
Ensures politicians listen to the people, explain their legislative programs and are answerable to the people
Representative Government: Views of the majority
Strength:
Representative nature of parliament encourages members of parliament to listen to the views of the majority
An attempt to be re-elected members of parliament may introduce and support laws that are popular with voters rather than pass controversial law (explain why even if its obvious)
Weakness:
Would make it difficult for government to predict the needs of future law, as they could not get re-elected.
Members of parliament may be reluctant to initiate law reform in areas with a high vocal group of people
Representative Government: Regular Elections
Strength:
Regular elections achieve a representative nature of government.
Fixed terms give governments a specified period to implement longer-terms reforms
Compulsory voting helps ensure the government has the support of the majority, not just those who are not bothered to vote but it can encourage those who are not interested to cast an il-informed vote
Political Pressures:
Three types of political pressures: Internal, Domestic and International
In general political pressure is, individual members of parliament want to popular with voters to maximize their chances of re-election.
In making decisions whether to support a bill, sometimes they will make decisions based on whether the decision will be popular and maximize their chances of being re-elected
Domestic Political Pressure
Petitions and demonstrations put pressure on members of parliament and governments to introduce law reforms to support there cause.
If these methods gain strong community support and media attention (which leads to more public support), members of parliament and governments will be more likely to respond through fear of losing popularity with the voters.
However, small but vocal minority groups can place significant pressure on MPs and can, at times, delay law reform
Internal Political Pressures
If a conscience vote is allowed by a party, each MP can vote according to their own views.
On rare occasions, MPs cross the floor and vote against their own policies
Minority government is subject to even greater pressures as they need to negotiate with the cross-bench to ensure bills pass through the lower house, which is also the same situation faces a government without a majority in the upper house.
International Political Pressure
Politicians and government can be influenced by other countries. International organizations and multi national businesses.
Changing international circumstances also create pressures on government
Other countries, global events and multinational corporations can all influence domestic legislative group
Restriction on law-making powers:
Jurisdictional Limitations
Parliament can only make laws in areas within its jurisdiction.
Law making powers are not granted to Commonwealth - called residual as they’re belong to the states
State can’t make laws in exclusive as they’re only for Commonwealth
Specific Prohibition: Restriction on law making powers
States cant make laws on military or naval forces s114
or currency s115
Commonwealth- cant make laws on
freedom of religion s116
discrimination against residents of particular states s117
Law making powers can only be altered by referendum, or High Court interpretation.
