Australian Parliamentary System

Australian Parliamentary System

1. Westminster System

   • British system of parliament
     • Bicameral
       • Upper House
       • Lower house
       • Crown
     • Constitutional monarchy
       • Parliament has supreme law making power
   • Federation
     • Constitution formed- The Commonwealth of Australia Constitution Act 1900 (UK)
       • January 1st 1901
     • Union of separate colonies with one cenral government

2. Federal/Commonwealth Parliament

   • Crown - Queen represented by the Governor General
     • Gives royal assent (signing off of the bill)
     • s.58 can withhold a bill and return to Parliament
     • s.57 can open, close and disolve parliament
   • Upper house: Senate; acts of a house of review; 76 represenatives; 12 each state and two from each territory; proportional represenation; 6 years;
   • Lower house: House of Representatives; 150 representatives; proportional representation (90K);3 year term; This is where government is formed; Cabinet (government Ministers in charge of ministeries) also come from here; most bills originate from the lower house

3. Government

   • Party in the lower house which holds the majority of seats

4. State Parliament

   • Upper house - Legislative Council; 40 reps; proportional; 5 from 8 electoral regions (5 melb, 3 reg); No money bills; house of review
   • Lower house - Legislative Assembly; 88 reps; preferential; government formed by party with the most seats;
   • Crown - Governor; give royal assent; but can't withold as GG can

5. Difference between State and Federal - Cabinet in state can be made of ministers from either house; GG can withold assent whereas G in state cannot

6. Principles

   • Representative
     • elected
       • represent our views and values in parliament
         • In voting for an individual also vote for policies of the party they belong to
       • Government formed from majority party
   • Responsible
     • Accountable; they can be voted out.
     • Must be honest; if not asked to resign
     • Ministers also responsible to their departments; and thus any errors made in their department
     • Responsible to parliament
   • Separation of powers
     • Legislative Arm
       • Parliament; s.1 structure of parliament and makes law
     • Executive Arm
       • Monarch (Crown) and Minsiters; including Prime Minister (FED) and Premier (State)
     • Judicial Arm
       • Judges
     • Doctrine of Sep of Powers
       • check; avoids abuse of power from any arm
         • s.61 executive power is excerised by Queen through GG; without it parliament can't pass a law
         • s.62 council of minsiters to advise GG; ministers (fed) come from the Legislative arm and therefore are a check on the executive
           • s.64 Ministers must be members of parl (leg arm) and hence a legislative and executive role
           • although executive is admin of laws made, these must be tabled in parlaiment as they have ultimate power to accept or reject
         • ministers individually respond to parliament and answer questions about their actions
         • s.58 GG can withold assent and return to parliament for review
       • independent; judicary to ensure that the legislative and executive are acting within the limits of the constitution
   • Structure (taken care of!)