UNIT 4 AOS2-DOT POINTS 1-5 Flashcards
What are the factors that affect the ability of parliament to make law?
- The roles of the Houses of parliament
- The representative nature of parliament
- Political pressures
- Restrictions of the law making powers of parliament
How does having a majority in the lower house affect the ability of parliament to make law?
-legistlation,programs or policies will be passed easier by the house, as there is less opposition
A-thiss therefor allows government to fulfil election premisses
D-If government hold majority in both housesit holds the power to introduce laws as it pleases, with little debate, therefor may not be appropriate
What may limit a government that hols a majority from implementing laws as it pleases?
-public pressure and risk of not being re-elected
How does having minority government affect the ability of parliament to make law?
D-constant negotiation must occur with minor parties and independents to endure its legislative program is passed, this can result in the government being forced to alter to ‘water down’ policies.
A- ensures that government bills are thoroughly discussed and debated in lower house
How does the effectiveness of the upper house when government holds a majority in both houses affect the ability of the parliament to make law?
-I members vote according to party the bills will be inevitably passed
p- allows government to introduce law reforms and promises made
c-may prevent upper house from adequately fulfilling its role as a house of review and representing state interests
How does having a hostile upper house affect the ability of parliament to make law?
-government may face difficulties implementing its policy agenda the is because the upper house will be able to reject government bills or negotiate significant amendments.
p- lead to more thorough debate and scrutiny of bill
c- can also prevent or obstruct the ability of government to implement law reform
How can the balance of power affect the ability of the parliament to make laws? negative
hostile upper house can lead to independents of minorities holding a disproportionally high level of power compared to their voter base, especially when they can vote wiht opposition to block government(cross bench holding), therefore may not represent majority
How can the balance of power affect the ability of the parliament to make laws? positive
a diverse upper house can equally be seen as an opportunity for a more effective parliament as the government may be forced to take into account a wider range of views that greater reflect community
How does the law making process increase the ability of parliament to make laws?
- requirement of both houses approval gives the second house an opportunity to scrutinise and suggest amendments
- -debate- point our flaws and positives therefore may take on a greater range of views
- able to change law relatively quickly if majority
How does the law making process restrict the ability of parliament to make laws?
- can become a slow processes to implement reform especially if does not hold majority in both houses
- parliament only sits for a limited amount of days and laws must be made during parliament sitting time, therefor limiting number of reforms
Why are the views of the majority vital?
when people see the need for change in the law they may undertake a range of activities such as forming a petition, demonstration or contact local parliament. theses activities may influence law making of parliament
What is a disadvantage that the influence of the majority cause?
- in attempt to be re-elected members of parliament may introduce and support laws that are popular with the majority rather than passing more controversial necessary laws.
- can be difficult for members of parliament to assess the view of the majority of people in areas where there are conflicting societal views on controversial issues
- costly and time consuming
What is the importance of a representative government in making laws?
-as parliament members are elected to represent the publics view and make laws of their behalf, they jeopardise being re-elected if they do not address the needs of the community
What are the main restrictions of law making powers?
- jurisdictional limitations
- specific prohibitions
- law making process
Define jurisdictional powers
one restriction on the law making powers of the parliament is that it can only make law within its constitutional power. Therefor they cannot make laws in residual areas.
Define tied grant
funding given to state government by the commonwealth on the condition that it spends the money in the manner specified therefor allowing them to directly influence residuals power.
Evaluate the ability to challenge the validity of commonwealth powers
A-Can clarify the extent of the law-making powers of the parliament and whether a law is valid. This can clarify. an unclear area that may apply to many people, or challenge a politically contrivers; government policy
D- running a court case is expensive and time consuming. and decisions made by high court can not be overrides by parliament
What are specific prohibitions?
The Australian constitution also restricts the ;aw making powers of the state and commonwealth parliament by expressly banning or prohibiting parliaments from making laws in particular areas. limit through banning
Examples of specific prohibitions
s114- restriction on state, military navel
s115,restriction on state, creating new policy
s116- restriction on commonwealth, freedom of religion
s117-restriction on commonwealth, making laws in residual
What is the main role of the courts?
is to apply exisiting laws made by parliament to resolve disputes. The courts are also able to make law when necessary and are vital in law-making
Why are the courts independent from parliament and government?
to ensure judges determine cases and establish legal principles without pressure or influence from parliament
Why are judges appointed by government and not voted in?
allows judges to make independent and impartial decisions without being subject to political pressures from voters
What is common laws?
law made by judges through decisions made in cases. also known as judge made law
What is the purpose of regular elections?
regular electives help achieve representative government. this is so people can vote for politicians to represent them in parliament
What is a disadvantage of federal elections?
a criticism of the federal electoral system made by a political analysis and members of the community is that federal elections are not held on a fixed date, therefor government can call elections to best suit them
What is an advantage of federal elections?
- compulsory, therefore helps ensure parliaments and government chooses by majority
- earlier elections can be beneficial to continue political agendas and policies
Strength of domestic political pressures?
- the link between people, parliament and government therefore members of parliament must be responsive to views and needs of people
- enables individual members of the community organisations that represent a minority that feels ignored to have a sense that they can influence individual members of parliament
Weakness of domestic political pressures
-small but vocal groups may place excessive pressure on politicians therefore impeding important law reforms that the minority do to feel are right
How can businesses and organisations effect the ability of parliament to make law?
- they can place significant pressure on members of parliament to make laws that benefit the interest of their own businesses or organisation
- large environmental groups have been able to place significant political pressure on government to consider the way in which government policies impact on the environment
How can financial donations affect the ability for parliament to make law?
influential individuals, business groups, organisations may also seek to place direct pressure on political parties including the government to make policies and support law reform and initiatives that are in their best interests by contributing financial donations. these donations may be used by the political party in marketing and promotions during election campaigns
How do independents influence the ability of parliament to make law?
influential individuals, prominent business people an members of the community groups and organisation sometimes run as independent candidates, or form their own political parties in an attempt to win a seat in parliament. this therefor allows them to directly influence law reform
How can internal pressures from within a political party effect the ability of parliament to make law in a negative way?
-members of parliament who belong to a political party are generally expected to vote as one block and support the views of the party .This may compel individuals to vote in accordance with the party even if they disagree