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VCE Legal Studies Mapa Mental sobre Australian Parliamentary System, creado por Mizzi el 23/09/2013.
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227446
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2017-01-17T00:31:16Z
Australian Parliamentary System
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
Federal/Commonwealth Parliament
Crown - Queen
represented by
the Governor
General
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
Government
Party in the lower house which holds the majority of seats
Gives royal assent (signing off of the bill)
State Parliament
s.58 can withhold a bill and return to Parliament
s.57 can open, close and disolve 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;
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
Crown - Governor; give royal assent; but can't withold as GG can
Principles
Representative
Responsible
Separation of powers
Structure (taken care of!)
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
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
Legislative Arm
Executive Arm
Judicial Arm
Parliament; s.1 structure of parliament and
makes law
Monarch (Crown) and Minsiters; including Prime Minister (FED) and Premier (State)
Judges
Doctrine of Sep of Powers
check; avoids abuse of power from any arm
independent; judicary to ensure that the legislative and executive are acting within the limits of the constitution
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
ministers individually respond to parliament and answer questions about their actions
s.58 GG can withold assent and return to parliament for review
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
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227446
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