Chapter 2
Download
1 / 67

The Australian Parliament System - PowerPoint PPT Presentation


  • 438 Views
  • Updated On :

Chapter 2 The Australian Parliamentary System Chapter Overview This chapter looks at the concepts of The Australian Parliament State parliaments Separation of powers Representative and responsible government Limitations on powers Legislation, Bills and Acts Parliament

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'The Australian Parliament System' - lotus


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Chapter 2 l.jpg

Chapter 2

The Australian Parliamentary System


Chapter overview l.jpg
Chapter Overview

This chapter looks at the concepts of

  • The Australian Parliament

  • State parliaments

  • Separation of powers

  • Representative and responsible government

  • Limitations on powers

  • Legislation, Bills and Acts

Cornerstones of Australian Law: Chapter 2


Parliament l.jpg
Parliament

  • Supreme law making body derived from the British Westminster System

  • Supreme position of parliament is referred to as sovereignty of parliament

  • Australia has a national Federal Parliament as well as state and territory parliaments.

Cornerstones of Australian Law: Chapter 2


Australian parliaments l.jpg
Australian parliaments

  • Commonwealth Parliament - Canberra (bicameral)

  • ACT Parliament (unicameral)

  • NT Parliament (unicameral)

  • Queensland Parliament (unicameral)

  • NSW Parliament (bicameral)

  • Victorian Parliament (bicameral)

  • Tasmanian Parliament (bicameral)

  • South Australian Parliament (bicameral)

  • Western Parliament (bicameral)

Cornerstones of Australian Law: Chapter 2


Parliamentary system l.jpg
Parliamentary system

  • Parliament is comprised of one or two houses

  • A house is an assembly of elected members of parliament

  • Bicameral parliamentary system

    • two houses

  • Unicameral parliamentary system

    • one house

Cornerstones of Australian Law: Chapter 2


Westminster system in britain l.jpg
Westminster System in Britain

  • Head of State

    • Queen Elizabeth II

  • Lower House

    • House of Commons

  • Upper House

    • House of Lords

Cornerstones of Australian Law: Chapter 2


Main functions of parliament l.jpg
Main functions of parliament

  • Form government

  • Enact and abolish laws

  • Establish committees to investigate issues of concern and scrutinise the government in power

Cornerstones of Australian Law: Chapter 2


History of australian federation l.jpg
History of Australian Federation

  • Federal Council of Australasia Act 1885 passed to allow the colonies to confer every two years and pass laws of common interest

Cornerstones of Australian Law: Chapter 2


Historical timeline l.jpg
Historical Timeline

Idea of an Australian Federation was born

Late 1800s

1891 -1898

A number of conventions were held to draft the Australian Constitution

1899

The Commonwealth of Australia Constitution was passed to form the Commonwealth of Australia

The colonies formed six states and two territories

Lord Hopetoun was appointed as Australia’s first Governor General

1901

Cornerstones of Australian Law: Chapter 2


Commonwealth parliament l.jpg
Commonwealth Parliament

  • Commonwealth of Australia Constitution Act 1900

    • referred to as the Commonwealth Constitution

  • Constitution

    • established Commonwealth Parliament

    • set out the law making powers between the Commonwealth and the States

Cornerstones of Australian Law: Chapter 2


Commonwealth parliament11 l.jpg
Commonwealth Parliament

  • King or Queen (i.e. the Crown)

  • Upper House

    • Senate

  • Lower House

    • House of Representatives

Cornerstones of Australian Law: Chapter 2


C wealth government l.jpg
C’wealth Government

  • Government

    • political party in power

  • Prime Minister

    • head of the government

Cornerstones of Australian Law: Chapter 2


Cabinet l.jpg
Cabinet

  • Cabinet comprised of senior and junior ministers

    • Senior ministersin charge of important portfolios

    • Junior ministers in charge of less important portfolios

Cornerstones of Australian Law: Chapter 2


Cabinet functions l.jpg
Cabinet functions

  • Constructing policy

  • Approving bills

  • Prioritising bills for introduction to parliament

  • Senior ministers supervise the administration of their respective government departments

Cornerstones of Australian Law: Chapter 2


Executive council l.jpg
Executive Council

  • Consists of

    • Governor General

    • Prime Minister

    • Ministers in Cabinet

  • Role is to formally ratify decisions made by the ministers in relation to administration of government

Cornerstones of Australian Law: Chapter 2


Opposition l.jpg
Opposition

  • Party with the next largest number of seats

Cornerstones of Australian Law: Chapter 2


State territory parliaments l.jpg
State & Territory Parliaments

  • Structure

    • King or Queen

    • Upper House

      • usually called Legislative Council

    • Lower House

      • usually called Legislative Assembly

Cornerstones of Australian Law: Chapter 2


State territory governments l.jpg
State & Territory Governments

  • Leader of the governing party

    • Premierof that state

  • States’ parliaments have cabinets, Ministers, and Executive Councils

  • Executive Councils called Governors in Councilin all states and territories

Cornerstones of Australian Law: Chapter 2


Parliaments l.jpg
Parliaments

Cornerstones of Australian Law: Chapter 2


Separation of powers l.jpg
Separation of powers

Cornerstones of Australian Law: Chapter 2


Separation of powers21 l.jpg
Separation of powers

  • Law-making powers exercised within society can be classified in three ways

    • legislative power

    • executive power

    • judicial power

Cornerstones of Australian Law: Chapter 2


Legislative power l.jpg
Legislative power

  • Given to Australian parliaments by the Commonwealth Constitution to make legislation

Cornerstones of Australian Law: Chapter 2


Executive power l.jpg
Executive power

  • Power to administer laws

  • Exercised by

    • Executive Council in the Commonwealth of Australia

    • Governor in Council in all states and territories of Australia

Cornerstones of Australian Law: Chapter 2


Judicial power l.jpg
Judicial power

  • Power exercised by the Courts

  • Involves

    • hearing and determining legal questions

    • interpreting the law and its application in particular cases

Cornerstones of Australian Law: Chapter 2


Representative government l.jpg
Representative Government

  • Every member of each parliament in Australia represents the people within the electorate that elected that member

  • Every Member of Parliament is answerable to his/her electorate

  • If majority of voters in an electorate are dissatisfied with the local member/local member’s political party, a new person may be elected to represent that electorate in parliament

Cornerstones of Australian Law: Chapter 2


Powers of parliament l.jpg
Powers of parliament

  • Constitution divides the legislative powers between the Commonwealth and the states

Cornerstones of Australian Law: Chapter 2


Powers of commonwealth parliament l.jpg
Powers of Commonwealth Parliament

  • Constitution has given the Commonwealth Parliament the right to exercise specific powers

  • Two categories of specific powers

    • Exclusive

    • Concurrent

Cornerstones of Australian Law: Chapter 2


Exclusive powers l.jpg
Exclusive powers

  • Constitution has allocated the Commonwealth Parliament exclusive powers to legislate in particular areas

  • Allow only the Commonwealth Parliament to make laws in areas that affect the nation

Cornerstones of Australian Law: Chapter 2


Exclusive powers29 l.jpg
Exclusive powers

  • S114 – the raising and maintaining of any naval or military force

  • S 115 – the coining of money

  • S 90 – the granting of bounties on the production or export of goods

  • S 52 (ii) – the Commonwealth Public Services

Cornerstones of Australian Law: Chapter 2


Concurrent powers l.jpg
Concurrent powers

  • Shared between Commonwealth and State Parliaments

  • Allow both parliaments to legislate in the same areas such as quarantine and taxation

Cornerstones of Australian Law: Chapter 2


Concurrent powers31 l.jpg
Concurrent Powers

  • S109 of the Constitution provides that where a State law is inconsistent with a Commonwealth law the later will stand

  • Commonwealth laws always prevail over State laws

Cornerstones of Australian Law: Chapter 2


Residual powers l.jpg
Residual Powers

  • Given to state parliaments to make laws in relation to state matters

    • roads, railways, hospitals etc

  • Powers are not specifically stated in the constitution but are left over powers

Cornerstones of Australian Law: Chapter 2


Limits on commonwealth power l.jpg
Limits on Commonwealth Power

  • Limited by the Constitution

  • Commonwealth

    • must not prefer one State over another in relation to trade, commerce or revenue (s 99), or in relation to taxation (s 51(ii))

    • must protect every State against invasion (s 119)

    • cannot restrict free trade between states (s 92)

Cornerstones of Australian Law: Chapter 2


Limits on state powers l.jpg
Limits on state powers

  • Limited by the Constitution

  • States

    • cannot levy customs & excise duties (s 90)

    • trade between states must be free (s 92)

    • prohibited from raising military forces (s 114)

    • prohibited from coining money (s 115)

  • Federal law will always prevail over state use of a concurrent power to the extent of any inconsistency (s 109)

Cornerstones of Australian Law: Chapter 2


Overcoming constitution limitations l.jpg
Overcoming constitution limitations

  • The Commonwealth may overcome its constitutional limitations in two ways

    • making an agreement with states

    • change the constitution

Cornerstones of Australian Law: Chapter 2


Agreement with the states l.jpg
Agreement with the states

  • S 51 (xxxvii) of the Constitution allows state parliaments to refer a residual power to the Commonwealth in relation to passing legislation in a particular area

  • S 61 of the Constitution allows the Commonwealth to give the states funds to spent in a particular way, e.g. maintenance of roads

  • Encourage all the states to enact the same legislation in a particular area thus uniforming the law

Cornerstones of Australian Law: Chapter 2


Changing the constitution l.jpg
Changing the constitution

  • The Constitution may be changed in two ways

    • Referendum method

    • High Court method

Cornerstones of Australian Law: Chapter 2


Referendum method l.jpg
Referendum Method

  • Section 128 of the Constitution allows itself to be changed only in accordance to the process of a referendum

  • A referendum allows wording of the Constitution to be changed through adding, deleting or amending words, sentences or sections

Cornerstones of Australian Law: Chapter 2



High court method l.jpg
High Court Method

  • High Court

    • Does not change the words of the Constitution

    • It’s role is only to interpret its words

    • Resolves disputes between the Commonwealth and a state

    • Its interpretation of particular sections of the Constitution may alter the balance of power between the states and Commonwealth

  • See Franklin Dam Case on page 41

Cornerstones of Australian Law: Chapter 2


Delegated legislation l.jpg
Delegated Legislation

  • Parliaments delegate some of their law making powers to expert bodies to make laws in their specialised areas

  • Expert bodies known as subordinateauthorities

  • Laws made by these bodies are referred to as delegated legislation

Cornerstones of Australian Law: Chapter 2


How are law making powers delegated l.jpg
How are law making powers delegated?

  • By way of an enabling act or a parent act

  • Enables a subordinate authority to make laws in the form of regulations, by-laws, orders, statutes, and/or rules

  • Setsstrict guidelines to be followed by the particular subordinate authority

Cornerstones of Australian Law: Chapter 2


Ultra vires l.jpg
Ultra Vires

  • Regulations passed by subordinate authorities that are beyond the powers granted by parliament can be challenged as being ultra vires(‘beyond power’)

  • Regulations declared ultra vires are not enforceable

Cornerstones of Australian Law: Chapter 2


Examples of bodies that make delegated legislation l.jpg
Examples of bodies that make delegated legislation

  • Subordinate authorities

    • local governments

    • government departments

    • Executive Council

  • Statutory bodies

    • educational institutions

    • public utility corporations

    • administrative tribunals

    • some courts

    • sporting & other public purpose institutions

Cornerstones of Australian Law: Chapter 2


Advantages of delegated legislation l.jpg
Advantages of delegated legislation

  • Subordinate authorities

    • have more time, in comparison to Parliaments, to make laws

    • have more expertise (especially local)

    • can take swifter action

    • allow greater public participation through the empowerment of local authorities

Cornerstones of Australian Law: Chapter 2


Disadvantages of delegated legislation l.jpg
Disadvantages of delegated legislation

  • Laws and regulations are made by unelected public officials

  • Quality of checks on subordinate authorities can at times be questionable

  • Subordinate authorities may at times infringe upon basic human rights

  • Use of subordinate authorities may contribute to over-government and the fragmentation of law-making

Cornerstones of Australian Law: Chapter 2


Checks on delegated legislation l.jpg
Checks on delegated legislation

  • Main methods of checking

    • committee system

    • parliamentary supervision through tabling

Cornerstones of Australian Law: Chapter 2


Legislative process l.jpg
Legislative process

  • Refers to the law making by which parliaments make Acts

  • Commonwealth and State Parliaments have the same legislative process

Cornerstones of Australian Law: Chapter 2



Tabling of proposed law l.jpg
Tabling of proposed law

  • The Minister advises one of the Houses of Parliament of the issues raised in the report to place it before the House

    • called tabling

Cornerstones of Australian Law: Chapter 2


Policy l.jpg
Policy

  • The Minister prepares a number of policies based on the recommendations made in the report

  • Cabinet consider and debate the proposed policies and decide whether government should legislate the policy

  • If Cabinet decides to adopt the policy, usually the Minister would announce that policy

Cornerstones of Australian Law: Chapter 2


Drafting a bill l.jpg
Drafting a Bill

  • Cabinet instructs Parliamentary Counsel to prepare a draft of the proposed legislation

  • Proposed legislation is referred to as a Bill

  • The draft Bill must receive the approval of the party before it can be processed through Parliament to become law

Cornerstones of Australian Law: Chapter 2


Houses of parliament and law making l.jpg
Houses of parliament and law making

  • The house in which the bill is initiated called the House of Origin

  • House of Origin - usually the Lower House

  • Once the bill approved by the House of Origin it proceeds to the opposite house to be examined and scrutinized

  • This house is called the House of Review - usually the Upper House

  • Names of the houses vary according to the level of parliament

Cornerstones of Australian Law: Chapter 2


House of origin l.jpg
House of Origin

  • The bill begins the legislative process in the House of Origin by progressing through stages

    • initiation

    • first reading

    • second reading

    • third reading

Cornerstones of Australian Law: Chapter 2


Initiation l.jpg
Initiation

  • Relevant Minister advises the Clerk of that House that he/she intends to introduce a Bill

  • Clerk then lists the Bill for its first reading in the House

Cornerstones of Australian Law: Chapter 2


First reading l.jpg
First reading

  • Permission is granted to introduce the Bill to the House

    • In Commonwealth Parliament the Clerk reads out the Bill’s long title

    • In State Parliaments the Minister introducing the Bill reads out the Bill’s long title

  • No debate takes place during this first reading and a date is allocated for the second reading of the Bill

Cornerstones of Australian Law: Chapter 2


Second reading l.jpg
Second reading

  • Members of the House of Origin are given a copy of the Bill

  • The Minister identifies the general purposes and effects of the Bill

  • Debate may then take place dealing with any issues relating to the Bill

  • House votes on whether the Bill will be read a second time

  • If the vote is in favour, the clerk reads the Bill’s long title for a second time

Cornerstones of Australian Law: Chapter 2


Committee stage l.jpg
Committee stage

  • If the House wishes to examine the Bill in more detail, the Bill enters Committee Stage

  • Committee Stage takes place in one of the following forms:

    • a committee of the whole – where all Members of the House consider in detail each of the Bill’s clauses and make any necessary amendments

    • a select or standing committee - the Bill is referred to a committee of some of the Members of the House which then considers the Bill in detail and makes any necessary amendments

Cornerstones of Australian Law: Chapter 2


Committee stage59 l.jpg
Committee stage

  • The committee makes a report on its progress to the House

  • The House may then either

    • consider the Bill further at the committee stage, or

    • the Bill may pass to the third reading

Cornerstones of Australian Law: Chapter 2


Third reading l.jpg
Third reading

  • Minister moves a motion that the Bill be read a third and final time in the house

  • Usually there is no debate

  • When the House agrees to the Minister’s motion, the Bill’s long title is read a third time

  • The Bill passes the House

Cornerstones of Australian Law: Chapter 2


House of review l.jpg
House of review

  • The Bill again passes through a series of three readings identical to those which take place in the house of origin

    • First reading

    • Second reading

    • Third reading

  • If the House of Review makes amendments to the Bill, the House of Origin may accept or reject the amendments

Cornerstones of Australian Law: Chapter 2


Double dissolution l.jpg
Double dissolution

  • If a Bill is rejected twice by either house over a certain period of time, a double dissolution has occurred and an election is usually called

Cornerstones of Australian Law: Chapter 2


Royal assent l.jpg
Royal Assent

  • Once both Houses have passed a Bill in identical forms, the Bill is presented for Royal Assent

  • Royal Assent is the approval given to a Bill by the Queen’s representative

    • Commonwealth - Governor General

    • State Parliament - State’s Governor

  • Once a Bill receives Royal Assent, it is calledan Act of Parliament

Cornerstones of Australian Law: Chapter 2


Commencement date l.jpg
Commencement Date

  • The day an Act becomes law is known as the commencement date

  • The Act states when it comes into effect

  • If there is no commencement date provided in an act, it becomes law 28 days after receiving Royal Assent

  • After the commencement date, the Act is enacted

Cornerstones of Australian Law: Chapter 2


Private members bill l.jpg
Private Members’ Bill

  • Initiated in Parliament without the sanction of the Government

  • May be initiated by

    • a Member of the Opposition

    • an independent member

    • a government back-bench member

  • Follow the same parliamentary process as government Bills

    • except they are not drafted by Parliamentary Counsel

Cornerstones of Australian Law: Chapter 2


Types of acts l.jpg
Types of Acts

  • Amending Act

    • Makes changes to existing law

  • Repealing Act

    • Stops existing law from having any legal effect

  • Explanatory Act

    • Describes the meaning of the Act

  • Declaratory Act

    • Declares, clarifies and identifies actual law

  • Consolidating Act

    • Combines Acts that address same issues and laws

  • Enabling Act

    • Passes law making powers to subordinate authorities

Cornerstones of Australian Law: Chapter 2


Chapter review l.jpg
Chapter review

In this chapter you have looked at

  • The Australian Parliament

  • State parliaments

  • Separation of powers

  • Representative and responsible government

  • Limitations on powers

  • Legislation, Bills and Acts

Cornerstones of Australian Law: Chapter 2


ad