FACTORS THAT AFFECT THE ABILITY FOR COMMONWEALTH PARLIAMENT TO MAKE LAWS
w- bi-cameral structure
- international pressures
- representative nature of parliament
BI-CAMERAL STRUCTURE?
- both cmth and state parliament have a bi-cameral structure, meaning that legislation needs to be pass both houses of parliament to become a law
victorian parliament: legislative assembly, council
cmth: hor and senate
The bicameral structure refers to when legislation needs to be passed by both houses (house of reps and senate) for it to become an act of parliament/law. In this way promoting scrutinity, debate and ensuring laws are in it’s best interest for the people
HOSTILE SENATE
- occurs when the government of the day does not hold majority in the upperhouse (senate)
- (house of reps) holds the majority in the upperhouse
- therefore the balance of power is held by a composition of oppositions, minor parties and independents
- increases scrutiny of bills
- ensures adequate levels of debate and consideration
- leads to bills not being scrutinised properly
RUBBER STAMP:
- group of elected representatives
- approves the governments decision with LITTLE oversight
- increases scrutiny of bills
STRENGTHS OF BICAMERAL STRUCTURE:
- greater scrutiny of legislation and healthy debates to ensure that laws are in it’s best best interest for the people
- inclusion of the 2nd house allows for a better review and ensures that bills are being scrutinised properly
LIMITATIONS OF BICAMERAL STRUCTURE:
- if the opposition holds majority in senate of legislative council
- blocks legislation
- However, when the senate is hostile, due to being controlled by the oppositions, independents or minor parties it can block legislation, thereforing impacting the governments ability to act.
INTERNATIONAL PRESSURES:
- pressures that are placed on our parliament to change the law that comes from outside of australia
- these pressures come from international organizations or bodies such as th UN (united nations)
TREATY:
an agreement between 2 or more countries/international organisations that creates international rights and obligations.
TREATIES REFLECTED IN LEGISLATION:
- racial discrimination act 1975
- age discrimination act 2004
- sex discrimination act 1984
INTERNATIONAL CONVNTION ON CIVIL AND POITICAL RIGHTS RATIFIED IN 1980
- australian human rights commission act 1986 (cth)
INTERNATIONAL DECLARATION:
a non-binding agreement between 2 or more countries that establishes the rights and obligations
- that parties to the agreement seek to enforce
UNITED NATIONS (UN)?
- intergovernmental organizations
- aims to promote better living standards and human rights
- maintain international peace and security
- develop friendly relations among nations
WORLD TRADE ORGANIZATIONS (WTO):
- international body
- comprised of 164 nations (determine international trade rule)
- If a Member country believes Australia is violating this agreement, it can file a complaint with the WTO’s Dispute Settlement Body, which will investigate the matter and, if necessary, authorise sanctions against the offending country.
REPRESENTATIVE NATURE OF PARLIAMENT:
in order to achieve a representative government:
- ensures the government must be acting in people’s best interest
- state elections are every 4 years (victorian parliament)
- federal elections are every 3 years (cmth)
- compulsory votings ensures a democracy is upheld
^ shows that the parliament is passing laws that are representative of the majority of people
- parliament must ensure they are representing the people who voted for them (or they make get kicked)
^difficult in a society where their are multiple differing views.
: Lastly, The representative nature of parliament which ensures laws will reflect the views and values of the people, elections are held regularly and MP’s are accountable to voters. which supports democratic law-making.
SECTION 7:
- senate must be ‘directly chosen by the people’
- requires the senate to be composed of senators that were directly chosen by the people of each state
SECTION 24:
- house of reps must be ‘directly chosen by the people’
- requires the hor to be composed ofmembers that were directly chosen by the people of the cmth
SECTION 28
duration (3-years) of the house of reps
ADVANTAGES OF REPRESENTATIVE NATURE OF PARLIAMENT:
- parliament is elected by people
^- parliament must ensure they are representing the people who voted for them (or they make get kicked) - regular elections allow for a change
^voters can elect new representatives if current ones fail to perform or legislate effectively.
LIMITATIONS OF REPRESENTATIVE NATURE OF PARLIAMENT:
- fear of voter backlash
^ parliament may avoid controversial but important laws to stay popular and win elections. - influence of pressure & media
^ parliament might respond more to vocal groups or media pressure than the broader public interest (what the majority of people wants)
EXAMPLE OF REPRESENTATIVE NATURE OF PARLIAMENT
- Roach v Electoral commissioner (2007)
^ challenging the stripping of her votes under S.7 and S.24
FACTORS THAT AFFECT THE ABILITY FOR VICTORIAN PARLIAMENT TO MAKE LAWS
- section 109 of the constitution
WHAT IS SECTION 109?
- a resolution in a situation when both commonwealth and a state or state(s) have passed a law in the same area, but the law is CONFLICTING
- e.g. Mc Bain v Victoria (2000)
HOW IS SECTION 109 A LIMITATION/IMPACTS LAW-MAKING FOR VICTORIAN PARLIAMENT:
- restricts vic parliament when legislating in concurrent areas (taxes, marriage, etc)
- resolves inconsistences that may arise between them in concurrent law
- state law will become invalid (just the section)
- requires the case to be brought forward in the courts for an inconsistent state law to be considered invalid
STRENGTHS AND LIM OF INTERNATIONAL PRESSURES:
This is a strength as parliament may create and amend laws (anti-dicrimination, human rights) that upholds international standard.
But, it also limits domestic freedom, as parliament may feel forced to priotise international obligations rather than nations concerns
