WESTMINSTER SYSTEM
Legal Studies 3C
WESTMINSTER SYSTEM – AUSTRALIAN PARLIAMENTARY SYSTEM
Westminster system consists of:
Doctrine of Separation of Powers
Responsible Government
Representative Government
Structure of Parliament
Bicameral system
Role of Governor/Governor-General
Parliamentary Committees
REVISION – STRUCTURE OF PARLIAMENT
Federal Parliament
State Parliament
WITHIN FEDERAL GOVERNMENT
What’s the difference between Executive Government and
Cabinet?
Executive government includes the Governor-General, Prime
Minister and ministers.
Cabinet is a group within the executive government consisting of
the Prime Minister and top-level (senior) ministers. Cabinet is the
main decision-making group within the executive government
ROLES
Executive Government
Administer the government (government departments) and execute
the laws passed by Parliament.
Cabinet
Cabinet direct government policy and make decisions about
national issues.
In Cabinet meetings, ministers also present bills (proposed laws)
from their government departments. Cabinet examines these bills,
especially the costs, and recommends to ministers whether bills
should proceed to Parliament or changes should be made.
STRUCTURE OF PARLIAMENT CONT…
Queen’s representative
 Governor-General of Australia (Sir Peter Cosgrove)
 Governor of Tasmania (Kate Warner)
Role of the Crown
Give royal assent to all bills passed through parliament
Appoints executive council (made up of Prime Minister and senior
ministers) and performs duties of the executive council
Acting as head of state
Bring a session of parliament to an end and dissolving the House
of Representatives to bring about an election
Appointing judges to the courts
Exercising reserve powers
READING AND QUESTIONS
Read page 22 - 24 textbook Blue edition(Role of the Crown)
Read page 21 – 23 textbook (Red edition)
Q1: Explain the reserve powers of the governor-general and the
governors of each state.
STRUCTURE OF PARLIAMENT CONT…
Parliamentary committees examine laws, the conduct of public
administration and policy issues. Senate Estimates Committees
examine government spending.
3 types of parliamentary committees:
Joint committees – made up of members of both houses that investigate issues
on behalf of parliament
Standing committees – appointed for the life of a parliament and provide
ongoing check on government activities
Select committees – appointed for a specific purpose as the need arises
http://www.peo.gov.au/multimedia/videos.html
PARLIAMENTARY COMMITTEE EXAMPLE
Tobacco Free Generation
http://www.parliament.tas.gov.au/bills/pdf/40_of_2014.pdf (Bill)
http://www.parliament.tas.gov.au/bills/Bills2014/pdf/notes/40_of_2014Fact%20Sheet.pdf (Fact sheet)
2nd reading Legislative Council http://www.parliament.tas.gov.au/bills/40_of_2014.htm
Appeared in The
Mercury
Newspaper on
Saturday 9th May
2015
STRUCTURE OF PARLIAMENT CONT…
http://www.aph.gov.au/Home/About%20Parliament/House%20of%20Representativ
es/Powers%20practice%20and%20procedure/00%20%20Infosheets/Infosheet%204%20-%20Committees (Handout)
Read page 78 textbook (blue edition)
Read page 73-74 textbook (red edition)
PARLIAMENTARY COMMITTEE QUESTIONS
Explain the 3 types of parliamentary committees
Why are parliamentary committees formed?
What do parliamentary committees do?
Explain 2 reasons why parliamentary committees are important?
List the powers of committees
Briefly outline how committees investigate
REPRESENTATIVE GOVERNMENT
Government which represents the views of the majority of the
people. Represented by:
Regular elections (universal suffrage – the right to vote if over 18)
Government voted out of office if it does not represent the needs
of the majority
Established in the Constitution - members of House of
Representatives and Senate chosen directly by the people (S7
and S24)
Present in bicameral system – lower house reflects the will of the
people and each state is equally represented in the upper house
REPRESENTATIVE GOVERNMENT
Examples:
Plastic Shopping Bags Ban Act 2013 (Tas)
Workplaces Protection from Protestors Act 2014 (Tas)
Tobacco Plain Packaging Act 2011 (Cth)
Minority governments – representative government???
RESPONSIBLE GOVERNMENT
Government’s responsibility to the voters.
A democratically elected government must be answerable and
accountable to the people for its actions.
Principles include:
Ministers are responsible to parliament (scrutinised through question time
and parliamentary committees)
Members of parliament have the opportunity to question ministers
Ministers must carry out their duties with integrity and propriety or
resign
Public scrutiny – Hansard, public viewing of parliament and media
If government loses support of the lower house it must resign (no
confidence motion)
RESPONSIBLE GOVERNMENT
http://www.theaustralian.com.au/archive/news/tasmanias-deputy-premierquits/story-e6frg6ox-1111116011213 (responsible ministers)
http://www.smh.com.au//breaking-news-national/tas-libs-no-confidence-motionfails-20100505-u9by.html (no confidence motion)
REPRESENTATIVE AND RESPONSIBLE
GOVERNMENT
Reading:
Read page 27 – 28 textbook (blue edition)
Read page …… textbook (red edition)
Responsible government document (handout)
Activity: groups of 2 – 3
Representative and Responsible government – how is this demonstrated throughout
the Parliamentary System of Government in Australia?
TWO PARTY SYSTEM
Political parties exist to represent the interests of different groups
and individuals in society; their ultimate goal is to have members
elected to represent these interests.
The two major parties are the Liberal Party of Australia and the
Australian Labor Party (ALP).
Party discipline is very strong and party members are expected to
vote with their party.
The ALP is the only party that has formal party rules to discourage
its members voting against the party, or ‘crossing the floor’.
Both houses may contain independent members of parliament.
DOCTRINE OF SEPARATION OF POWERS
Three separate types of power (or arms) in our parliamentary
system.
These powers are held by separate bodies so that no one body
has absolute power or control over the functions of the political and
legal systems.
Constitution makes provision for each of these separate powers to
operate at a federal level.
DOCTRINE OF SEPARATION OF POWERS
Executive power – the power to administer the laws and manage
the business of government (Executive government)
Legislative power – the power to make laws (Parliament)
Judicial power – the power given to courts and tribunals to
enforce the law and settle disputes (High Court, Federal & State
Courts)
The parliament makes the laws, the executive administers them and
the courts determine that they are legal and constitutional.
DOCTRINE OF SEPARATION OF POWERS - EXAMPLE
The Tasmanian Parliament (………………… arm) passed the Criminal
Code Act 1924 to define unlawful behaviour that warrants a sanction to
reflect society’s condemnation of that conduct.
The Tasmanian Police (………………….. arm) enforces the Act by
investigating crimes, arresting suspects and laying charges.
The offender is prosecuted in either the Magistrates Court or the
Supreme Court (………………….. arm) by the Office of the Director
of Public Prosecutions (……………………… arm).
If the offender is convicted, the court could order his or her detention in
prison which is managed by the Department of Correctional Services
(………………….. arm).
EXAMPLE 1
A long-term alcoholic who pleaded guilty to the manslaughter of a 71
year old grandmother on a Hobart street last year will spend at least
five years in jail.
Robert Frederick Bowden was sentenced to a maximum of eight years
behind bars for the unprovoked daylight attack on Carmel Nettlefold.
The court heard Ms Nettlefold was taking a Saturday morning walk
along New Town Road on October 4 last year when Bowden joined her
on a traffic island.
The defendant, who had mixed alcohol and Valium the night before, suddenly raised two
arms and violently shoved Ms Nettlefold in the chest.
The push was with such force that she fell backwards and hit her head on the road. Her head
took most of the impact.
Ms Nettlefold was transferred by ambulance to the Royal Hobart Hospital but her condition
deteriorated and she died four days later.
EXAMPLE 2
Textbook Page 270-271 (blue edition)
The Malaysian Solution
SEPARATION OF POWERS
Why do we have 3 separate powers?
Are there really 3 separate powers?
Legislature / Executive / Judiciary
Suggest some interrelationships and overlaps
SEPARATION OF POWERS
Interrelationships and overlaps – some examples:
Legislative power and executive power are combined.
Prime minister and cabinet (executive power) are also part of
parliament (legislative power).
Governor-General (Queen’s representative) is part of the
executive power as well as the structure of parliament or
legislative power (including the giving of royal assent to laws
passed).
State and Federal governments (executive power) appoint the
judges (judicial power)
SEPARATION OF POWERS
http://aso.gov.au/titles/documentaries/highest-court/clip1/
Page 28 – 34 textbook (Blue edition)
Page ….. textbook (Red edition)
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