Australian Parliamentary System

Westminster System
1. British system of parliament
  1. Bicameral
    1. Upper House
    2. Lower house
    3. Crown
  2. Constitutional monarchy
    1. Parliament has supreme law making power
2. Federation
  1. Constitution formed- The Commonwealth of Australia Constitution Act 1900 (UK)
    1. January 1st 1901
  2. Union of separate colonies with one cenral government
Federal/Commonwealth Parliament
1. Crown - Queen represented by the Governor General
  1. Gives royal assent (signing off of the bill)
  2. s.58 can withhold a bill and return to Parliament
  3. s.57 can open, close and disolve parliament
2. Upper house: Senate; acts of a house of review; 76 represenatives; 12 each state and two from each territory; proportional represenation; 6 years;
3. 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
Government
1. Party in the lower house which holds the majority of seats
State Parliament
1. Upper house - Legislative Council; 40 reps; proportional; 5 from 8 electoral regions (5 melb, 3 reg); No money bills; house of review
2. Lower house - Legislative Assembly; 88 reps; preferential; government formed by party with the most seats;
3. Crown - Governor; give royal assent; but can't withold as GG can
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
Principles
1. Representative
  1. elected
    1. represent our views and values in parliament
      1. In voting for an individual also vote for policies of the party they belong to
    2. Government formed from majority party
2. Responsible
  1. Accountable; they can be voted out.
  2. Must be honest; if not asked to resign
  3. Ministers also responsible to their departments; and thus any errors made in their department
  4. Responsible to parliament
3. Separation of powers
  1. Legislative Arm
    1. Parliament; s.1 structure of parliament and makes law
  2. Executive Arm
    1. Monarch (Crown) and Minsiters; including Prime Minister (FED) and Premier (State)
  3. Judicial Arm
    1. Judges
  4. Doctrine of Sep of Powers
    1. check; avoids abuse of power from any arm
      1. s.61 executive power is excerised by Queen through GG; without it parliament can't pass a law
      2. 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
      3. ministers individually respond to parliament and answer questions about their actions
      4. s.58 GG can withold assent and return to parliament for review
    2. independent; judicary to ensure that the legislative and executive are acting within the limits of the constitution
4. Structure (taken care of!)

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Australian Parliamentary System

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