Focus On The Legislature: The Commonwealth Parliament

Front 1

How is the legislative arm laid out? (structure)

Back 1

- Upper house (Senate)

- Lower house (House of Representatives)

Front 2

What are the powers of the Senate?

Back 2

Intendedto act as a House of Review – Referenced in Sections 7, 24 and 53

7) There will be an equal number ofSenators elected from each State

24) Ensures the Senate isapproximately half the size of the House of Representatives

53) The Senate has equal powers toHofR with the exception of money bills (can’t initiate or amend)

Front 3

What are the powers of the House of Representatives?

Back 3

Intended to act as the ‘People’s House’ – Referenced inSections 24 and 57

24) Members of HofR must be directlychosen by the people, and the number of MHRs from each original State must beproportional to its population – although no State can have less than 5Also implies that the HofR should be a ‘House of Government’

57) Sets out procedures intended toovercome conflict between the HousesIts sole ability to enact and amend money bills allows it be central in thebudget process

Front 4

What is the 'decline of parliament thesis'?

Back 4

The claim that modern parliaments do not efficiently perform their expected democratic functions such as representation and accountability.

The decline of parliament thesis claims that parliament is simply a 'rubber stamp' that expresses the will of the executive.

Front 5

What are the different forms of representation?

Back 5

Delegates: Act as the voice in parliament of the views oftheir electors.

Trustees: Chosen because of the electorate’s trust in their politicaljudgement, will vote on what they personally believe is best for theelectorate.

Partisans: Remain loyal to party policy.

Mirror representation: Mirrors the gender, ethnic and generalsocio-economic patterns of a nation’s population.y

Front 6

What is the role and powers of the Governor General?

Back 6

1) Has the power to dissolve the House of Reps and issue thewrits for a new election (Sections 28 & 32)

2) Has the power to dissolve both Houses, issue the writs for a doubledissolution election and convene a joint sitting of both chambers to overcome alegislative deadlock (Section 57)

3) Sections 62 & 64: Appointing the members of the Federal ExecutiveCouncil (the Prime Minister and other Ministers of State)

4) Section 67: Appointing senior government officials

5) Section 68: Being Commander in Chief of the Armed Forces

6) Governor-General is expected to act upon the advice of the Prime Minister

7) Reserve powers allow GG to exercise power when political leaders cannot, orto act during a political crisis

Front 7

What does Section 7 outline?

Back 7

Senatemembers are to be directly chosen by the people. There shall be an equal numberof Senators for each original State. Senators are chosen for a term of 6 yearsand their names certified to the Governor-General.

Front 8

What does Section 24 outline?

Back 8

Houseof Reps are to be directly chosen by the people, and that House to have twicethe membership of the Senate (nexus clause). Seat numbers are based onpopulation but no original State has less than 5.

Front 9

What is the 'nexus clause' or 'nexus provision'?

Back 9

The provision of the Australian Constitution in Section 24 that requires that the number of members in the House of Representatives be, as nearly as practicable, twice the number of Senators.

Front 10

What does Section 51 outline?

Back 10

The Parliament shall have power to make laws with respect to… (outlines exclusive powers of the Commonwealth)

Front 11

What does Section 53 outline?

Back 11

TheSenate may not originate any law that imposes tax or raises revenue, nor amendany proposed laws to impose tax or raise revenue (no money bills). Except forthe above provisions, the Senate is equal to the House of Reps.

Front 12

What does Section 61 outline?

Back 12

Executivepower of the Commonwealth is vested in the Queen and exercised by theGovernor-General.

Front 13

What does Section 62 outline?

Back 13

Therewill be a Federal Executive Council to advise the Governor-General, holdingoffice at his pleasure.

Front 14

What does Section 63 outline?

Back 14

Governor-Generalin Council refers to the Governor-General acting with advice from the FEC.

Front 15

What does Section 64 outline?

Back 15

TheGovernor-General in Council is to appoint Queen’s Ministers of State toadminister the government departments, each one being a Senator or member ofthe House of Representatives.

Front 16

What does Section 68 outline?

Back 16

TheCommand in Chief of the naval & military forces of the Commonwealth isvested in the Governor-General as Queen’s representative.

Front 17

What does Section 28 outline?

Back 17

EveryHouse of Representatives must go to the polls after a maximum of 3 years, andmay be dissolved sooner by the Governor-General.

Front 18

What does Section 57 outline?

Back 18

A proposed law that is rejected twice by the Senate may leadto a double dissolution of the Parliament. If the election that follows failsto resolve the issue the Governor-General may call a joint sitting of bothHouses. Deadlock is resolved by majority vote.