Leagal - WEEK 6 - Question and answers PDF

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WEEK 6: SUMMARY TABLE 1. OVERVIEW: The factors that affect the ability of parliaments to make laws

Simply provide a recap of these overarching topics. Textbook p 291-295 + p.297 table Theory Lesson 1 Slide 3

Roles of the Houses

Representative Nature of Parliament

Political Pressures

Restrictions on Law-Making Powers

Make and approve bills, represent the interests of people in their electorate (House of Representatives and Legislative Assembly ) or state (Senate) geographical area (Legislative Council), however this may be skewed through political interference. The Upper house can act as rubber stamp, or blocker to proposed legislation.

The people who sit in parliament should represent the majority of people in the electorate, as they voted them in. The members also have the ability to go back to the community and inform themselves on the community views.

Come from the policy that political parties may have used in lobbying. It can also be an attempt to save the parties need by pushing a bill to do with a social issue such as abortion rights.

In the system there can arise confusion about law making responsibilities, section 109 helps this on a state level. Law making power is restricted by what is listed in the constitution

a.

Unpack how each house makes or influences the law-making process. Theory Lesson 1 - Slide 2

The Houses of Parliament and Representative Nature of LawMaking Effectiveness of the Lower House

Majority Government

(+/-)

Define: is when a political party holds majority in the lower house. QUESTION: If you are the leader of a Majority Government, what are the perceived benefits to law-making? The major benefit of having a majority Government is that Bills tend to pass quickly because the majority of parliamentary members have the same political alignment. QUESTION: What are members of the Opposition and the media likely to complain about regarding the make-

(Theory Lesson 1 - S.2)

Minority Government

(+/-)

Define: is when a political party has to make deals with other smaller parties to ensure they can make the government. Unpack: If Liberal, held 72 seats in the House of representatives, and Labour had 71. They would have to speak with independent groups and try to gain their seats, to form a majority government. This creates a hassle as they have to debate this with the people they had to hustle into their side QUESTION: As leader of a

up of this government? The opposition would be overly critical and possibly unheard if there was a majority government. The media would be critical about the political values and if the political party is listening to social issues.

minority government, what are the drawbacks or negatives? The drawback of a minority Government are that the party has to persuade each of the independent who helped them come into leadership. So the bill passing the House of Representatives is harder as the majority are not politically aligned.

Effectiveness of Upper House ‘Rubber Stamp’

(Theory Lesson 1 - S.2)

Hostile Upper House

(+/-)

Define: when a bill gets passed, because the political party that has the majority in both the House of Representatives as well as in the Senate. This allows the Senate to pass bill as their political powers are aligned as a majority with the in the House of Representatives Unpack: if the labour party, is a majority in the House of Representatives, they are the government. Which means that the bills (if a majority government) may pass easier here due to political alignment. If the same political alignment happens in the Senate as the house of representatives, the reviewing and scrutiny wouldn’t happen as effectively as it could.

(+/-)

Define: when the Senate doesn't hold the same majority as the political party that holds the majority in the House of Representatives. This can create a combative and disapproving Senate. Unpack: if the senate is made up of majority the opposition (of the government), due to their political alignment, they are likely to turn down bills and over scrutinise.

Other: Balance of Power + Committee System Balance of power happens when there is a hung parliament, and the smaller parties hold a lot of power, creating a power imbalance. This creates a disproportionate power to the voter base, which in effect isn't a representative government. The committee system investigates the need for law reform.

b. Political Pressure Unpack how parliaments respond to or have to manage ‘political pressure’ in the

(Theory Lesson 1 - S.4)

Definition: Internal: Come from other

Domestic: Come from the state

International: Come from

Other?

political parties or other members of their own parties. Such as a PM being pressured by his party to back a bill. These are within the parliament. law-making process.

Textbook p293 to 295 Theory Lesson 1 Slide 4

parliaments and Australia as a whole. Such as if the Australians had a strong opinion on same sex marrige , the government may feel pressured to pass a bill. Come from within the country

international parliaments and Authorities. Such as the UN. comes from overseas.

QUESTION: How does political pressure really impact on a parliament’s ability to make law? Use an example to support your response? It affects the behaviour of politicians, they may act too quickly, and not in the best interest of the public. if there is domestic pressure to pass a bill, the government may crack and pass it, as they are concerned about holding office next term. It may not be representative if politicians only legislate along party lines

c. Restrictions on Law-Making Powers What are some of the restrictions on law-making powers for parliaments? Textbook p295 Theory Lesson 1 Slide 5

Restrictions on State Parliaments:

Restrictions on Commonwealth Parliament:

Cannot exercise in Exclusive powers. Interstate trade shall be free. Section 109 of the Australian Constitution.

Are listed as express rights. Freedom of religion, acquisition of property on just terms, freedom of discrimination based on state, thou shall not give preference based on state, cannot restrict interstate travel and trade. Cannot exercise in areas of residual powers.

QUESTION: What is a good ‘memory hack’ and trying to remember this? Commonwealth= Express Rights but not Residual State = Residual section 109 overrules....