legal u4 aos1

Cards (70)

  • What is the lower house of commonwealth
    The house of representatives
  • What is the upper house of commonwealth
    The senate
  • How many members are in The House of Representatives
    The lower house consists of 151 members
  • Outline the House of representatives

    - Representatives are elected to represent an electorate, an area each with approximately the same amount of voters

    - Sometimes referred to as 'the people's house'. This house reflects the current opinion of the people at an election, because it determines which party or coalition of parties should form government

    - The leader of the government becomes the Prime Minister, who appoints the government ministers.

    - The party with the next highest number of elected members becomes the opposition. The leader of the opposition appoints shadow ministers
  • How many members are in the senate
    76 elected members.
    Each state elects 12 representatives.
    There are two representatives elected from each mainland territory
  • Outline the senate
    - Referred to as the 'states house' ensuring the interests of each state are look after

    - Also referred to as 'house of review' as they scrutinise bills from lower house
  • What is the Victorian parliaments lower house?

    The legislative assembly
  • What is the Victorian parliaments upper house?

    The legislative council
  • How many members are in the legislative Assembly
    88 members
  • Outline the legislative assembly
    - 88 Members (MLAs)
    - Sits for fixed four year terms
    The political party (or coalition of parties) that wins the majority of seats in the Legislative Assembly forms government. The leader of the government is known as the premier
  • How many members are in the legislative council?

    40 members of parliament
  • Outline the legislative council
    Victoria is divided into eight regions, each consisting of 11 districts. Five members of the Legislative Council are elected for each region
  • Who are the crowns representatives?

    - Governor-General (at a federal level)
    - Governor (at a state level)
  • Main responsibilities of the crown
    Granting/withholding royal assent
    Withholding royal assent
    Appointing Executive Council.
  • The crowns roles in law making
    1. Royal assent
    2. Withholding royal assent
    3. Appointing executive council
  • 2 general roles of a constitution
    - To determine the powers and duties of the government
    - To guarantee certain rights to the people in the country
  • Define residual powers
    Law-making powers left with the states at the time of federation and not listed in the Australian Constitution
    - Specific sections of the Constitution protect the continuing power of the states to create law in areas that were not given to the Commonwealth
  • Areas of law for residual powers
    criminal law, education, public transport
  • Define exclusive powers
    Powers that can only be exercised (solely exercised) by Commonwealth Parliament
  • Areas of exclusive powers
    - Defence (the Australian Defence Force including army, navy and air force),
    - Currency (printing and coining money),
    - Customs and border protection ( immigration, controls on imports and exports, and border security)
  • Define concurrent power
    Law making powers over which both Commonwealth Parliament and state parliaments share jurisdiction
  • What are the areas of concurrent power?
    Taxation- The power to make laws about taxation is given to the Commonwealth Parliament but state parliaments can also make laws about taxes. Commonwealth taxes include income tax and GST (goods and services tax). State taxes include stamp duty and payroll tax.
    Marriage and divorce- Both the Commonwealth Parliament and state parliaments have the power to make laws on marriage and divorce
  • purpose of Section 109 of the constitution

    Designed to helpresolve conflicts and inconsistenciesbetween state and Commonwealth laws
  • What happens if there is an inconsistency
    S109 states that if there is a conflict between state and Commonwealth laws, theCommonwealth law will prevail, to theextent of the inconsistencybetween the two pieces of legislation. State law provisions that are inconsistent with the Commonwealth law will be invalid
  • What is the significance of section 109

    - It acts as a restriction on state law
    - Promotes consistency
    - HoweverIt does not automatically operate such that the state parliament lacks the power to pass a law which is inconsistent with a Commonwealth law
  • Outline how Section 109 acts as a restriction on state law

    - It does so because it provides that, if a state parliament passes a law in an area where there is a Commonwealth law, the federal law will prevail over the state law to the extent of the inconsistency
    - Means that the state parliament will, in passing laws in areas of concurrent powers, recognise that its powers are constrained where a Commonwealth law already exists
  • Outline how Section 109 promotes consistency
    Imposes a consistent approach to the way inconsistencies between state and Commonwealth laws will be dealt with. That is, there is no doubt that the Commonwealth law will prevail.
  • What does section 109 limit
    Itdoes not automaticallyoperate such that the state parliament lacks the power to pass a law which is inconsistent with a Commonwealth law…- To be declared inconsistent,it has to be challengedin the High Court- If at some time in the future the Commonwealth law is abrogated or changed, and the state law continues to be in existence, then the state law will be in force and have effect. The state law will have no practical effect as long as the Commonwealth law remains in force
  • What are the factors that affect the ability of parliament to make law

    - The Bicameral Structure of parliament
    - International Pressures
    - The representative nature of parliament
  • define bicameral parliament
    A parliament with two houses. E.g commonwealth, victorian
    The ability of parliament to pass bills and make laws is affected by the composition of the lower and upper houses.
  • How does bicameral parliament assist parliament to make law? *lower house

    Majority government
    - will pass through the lower house quickly
    - Enables the government to fulfill their election promises

    *however limits debate in lower house as members vote along party lines
  • How does bicameral parliament hinder parliament to make law? *lower house

    Minority government

    - requires the government to constantly negotiatie with the independents and minor parties to pass bills
    - causes delays and 'watered down bills'

    *however ensures bills reflect the views of the people
  • Define minority government
    Where a party that did not achiever a majority of seats in the lower house is able to form government by forming a coalition with minor parties or independents
  • Define majority government
    Where the government holds a majority of seats in the lower house
  • Define rubber stamp
    Where the government has a majority in the upper house
  • How does bicameral parliament assist the parliament to make law? *upper house

    Rubber stamp - government majority in upper house

    - As members of the upper house usually vote along party lines, government bills will pass without debate and negotiation

    - This enables government to implement the legislative agenda that they took to the elections - on the bases that the have a mandate from the people

    however
    *limits debate in upper house
    *hinders upper house to pass laws reflecting states interest
  • How does bicameral parliament hinder the parliament to make law? *upper house

    hostile senate (gov doesn't hold majority seats)

    - Hinders ability of government to pass bills, as they require support of opposition, minor parties and independents
    - causes delays and 'watered down" bills

    however
    *enables parliament to pass law that better reflect community interests, as they are required to consider a diverse range of views
  • Define hostile senate or hostile legislative council
    Where the government does not hold a majority of seats in the upper house
  • What are the international pressures
    - International political pressures
    - International treaty
    - International events
  • How do international pressures assist with the ability of parliament to make law?

    Signing international treaties puts pressure on parliament to pass laws implementing their international obligations