Parliamentary System of
Government
Legal Studies 3C
Quick Quiz……..
Australia is a Constitutional Monarchy
What does this mean?
The head of State is a monarch who is governed and bound by the
Constitution.
Who is the head of State?
Queen Elizabeth II of England is also the Queen of Australia.
The monarch is a figurehead who performs ceremonial functions, but
does not exercise political power.
In Australia, the Queen is represented by the Governor-General, Sir Peter
Crosgrove.
Sir Peter Crosgrove Governor-General
The Queens representative in Australia
Australia’s Head of State
Queen Elizabeth II
Constitutional Monarchy
Australia’s political system is based on a constitution.
What is a constitution?
A constitution is a set of rules setting out the nature, functions and limits
of government. The role of the constitution is to determine the powers
and duties of the government.
The Commonwealth of Australia Constitution Act 1900 (UK), effective 01
Jan 1901
Australia is a representative democracy
A representative democracy is political government carried out by
elected representatives of the people.
Eligible people vote for candidates to carry out the business of governing
on their behalf.
The rule of law is a fundamental principle which forms the foundation of
a democratic, lawful and free society.
What is the rule of law?
Rule of law
The following three elements must exist for a nation to facilitate the rule of law:
The supremacy of constitutional law
All people and organisations, as well as all institutions of government, are
bound by the principles prescribed in constitutional law.
 Equality before the law
All institutions of government must at all times exercise their powers such that
people are considered equal before the law and that no section of the
community or individual is arbitrarily discriminated against.
 Existence of fundamental human rights (example presumption of innocence)
All institutions of government must exercise power on the assumption that
individuals retain certain fundamental rights at all times and under all
circumstances, and that laws cannot be made to remove these rights unless
very powerful reasons exist.
Rule of law
The rule of law is enshrined in the Australian Constitution. It restricts the
powers of government and parliament and protects against the influence
of arbitrary power (unlimited power, uncontrolled or unrestricted by
law).
The rule of law stands in contrast to the various forms of arbitrary
government in which one person or a group of people exercises total
control over the legal system, quite often under the protection of an
armed police or defence force. For example: Adolf Hitler and President
Saddam Hussein
http://explore.moadoph.gov.au/timelines/rule-of-law
Example of arbitrary power
You are sitting at home one Saturday evening watching television with your
family when the police break open the front door and invade your lounge room.
They shoot your father in the leg and threaten to shoot him in the head unless he
tells them the whereabouts of a man whom they believe your father has hidden.
When your father says that he has no idea what they are talking about, the police
twist his injured leg until he screams with pain. When you object to what is
happening the police hit you and break your jaw.
They then smash your furniture before taking your father away in the police van.
They confiscate your Legal Studies books, telling you that you have no right to
read such ideas. They tell you that your essays are dangerous and that you could
end up in prison if you continue to write such rubbish.
The next day you go to the police station to look for your father. The police tell
you that he has been taken to another station and that he will be detained
indefinitely.
Parliament
Australian parliamentary system is mainly based on the British Westminster system.
What is the function of Parliament?
 To provide for the formation of a government
 To legislate (make laws)
 To provide the funds needed for government
 To provide a forum for popular representation (represent people of Australia)
 To scrutinise the actions of government
3 levels of government
 Federal Parliament
 State/Territory Parliaments
 Local Councils
Structure of Parliament
The bicameral system
 Commonwealth and State parliaments operate on a bicameral system, which
means two houses: an upper house and a lower house.
 Queensland and the territories are exceptions to this rule and only have one house
each.
Federal Parliament – makes laws for the whole of Australia (examples taxation,
defence, immigration, currency)
Queen
Governor-General (Sir Peter Cosgrove)
House of Representatives
(Lower House)
Senate
(Upper House)
Structure of Parliament
State/Territory Parliament – makes laws that are enforced within their state or
territory (examples education, health, roads, police, prisons, public transport)
Parliament of Tasmania structure
Queen
Governor (Kate Warner)
House of Assembly
(Lower House)
Legislative Council
(Upper House)
Structure of Parliament
Local Council – manage services and activities in a local area/region (examples waste
management, dog and cat management, local roads and footpaths, parks, town
planning, building approval, parking)
Each State has a Local Government Act that provides the rules for the creation and
operation of council.
http://www.peo.gov.au/multimedia/videos.html
3 levels of government
Parliament
Parliament is the supreme law-making body consisting of all elected
members of both houses from all political parties and the Crown’s
representative. The main role of parliament is to make laws.
Government is formed by the political party that governs the country (or
state). This is the party that achieves the largest number of members
voted into the lower house. All members of parliament who belong to
this political party form the government. Government does not make
laws – this is the role of parliament. Government decides which laws
should be introduced to parliament.
Houses
Lower House
Federal: House of Representatives (150 members)
Tasmania: House of Assembly (25 members)
Role of the lower house
Initiate and make laws (bills)
Determine the government (after an election)
Provide responsible government (ministers are responsible to parliament and to the
people)
Represent the people (members elected to represent the people and given authority
to act on their behalf)
Publicise and scrutinise government administration
Control government expenditure
Houses
Upper House
Federal: Senate (76 senators – 12 from each state, 2 from each territory)
Tasmania: Legislative Council (15 members)
Role of the upper house
Initiate and make laws (bills)
Act as a house of review (review bills already passed by the lower house)
Senate: act as a states’ house (represents the interests of the states)
http://www.peo.gov.au/multimedia/videos.html
Initiate and make laws
The main function of the lower house is to initiate and make new laws.
Bills may also be initiated in the upper house (except money bills).
Bills must be passed by both houses of parliament for a law to be made.
Majority of members (51%) in lower house must pass the bill. It then must be passed
by majority members (51%) in the upper house for the bill to become a law (an Act).
Handout
Composition of the Federal Parliament and Tasmanian Parliament 2015
Reading
The Australian Parliamentary System
Textbook (blue edition): Page 9 – 19,
Textbook (red edition) : Page 9 - 18
The functions of parliament
Textbook (blue edition): Page 24 – 26
Textbook (red edition): Page 24 - 25
Types of bills reading
Textbook (blue edition): Page 85
Textbook (red edition): Page 79
Questions
1. What is the term of office for members of the House of Reps? What is the term of office for senators?
2. What is a hung parliament?
3. What happens if there is a hung parliament?
4. Explain the effectiveness of the current Federal and State Parliaments (for and against current
composition) in terms of the lower houses main function, to initiate and pass laws.
5. Explain why hung parliament and governments with small majorities can experience issues when
passing bills.
6. Is the Senate able to amend money bills? What can they do?
7. Explain how the scrutiny of bills in the upper house can increase when the government does not have
a majority in the Senate.
8. Explain the concept of ‘rubber stamp’ and a ‘hostile senate’. What is the current situation in the
Senate?
9. Explain double dissolution and in what cases a double dissolution may occur.
10. What role do committees play in the law-making process?
11. What is the role of cabinet?
12. List and explain the 4 types of bills