VCE Legal Studies Peter F Hughes 2014 © Unit 3 LAW MAKING Parliament part (i)

UNIT 3 ADVICE School Assessed Coursework (SACS) = 25% Score Outcome 1 Structure and Role of Parliament – 25 Marks Outcome 2 The Constitution and Protection of Rights – 50 Marks Outcome 3 The Role of Courts in Law Making - 25 Marks

UNIT 3 ADVICE Read the relevant sections of the VCAA Study design 2011-2015 Ensure you have a copy of the exams and examiner’s reports for the last few years. Obtain a copy of Mountford P, Walker C, Checkpoints 2011 VCE Legal studies Units 3 & 4 Cambridge University Press

Unit 3 LAW MAKING OUTCOME Explain the structure and role of Parliament. Explain the processes and effectiveness of Parliament as a Law Making Body. Describe why Legal Change is required and how that change can be Influenced.

Chapter 1 The Australian Parliamentary System Note the legal terms in your text. These form part of a vocabulary you should now start to use in legal studies questions. Ensure you start a vocabulary book for this subject with the main definitions of the terms we will use. Get into a habit of reading the material we will be covering in class before the lesson.

Chapter 1 The Australian Parliamentary System A constitutional monarchy The Commonwealth of Australia Constitution Act 1990 (UK) Constitution defn – The system of fundamental principals according to which a nation, state or body politic is governed (Macquarie dictionary)

Chapter 1 The Australian Parliamentary System Federation 1901 January 1st Created the Federal System of Government Australia has 6 State Parliaments 2 Territory Parliaments 1 Commonwealth Parliament Realise the importance of the Constitution and the ability of the Commonwealth Parliament to make laws under it.

Chapter 1 The Bicameral System Bicameral (In a Nutshell) - 2 houses of parliament. - Upper and Lower House. - Federal Parliament and States all have 2 houses except - Queensland, ACT and NT = 1 house

The Bicameral System Commonwealth Parliament Upper House Senate Lower House House of Representatives Victorian State Parliament Legislative Council Legislative Assembly

Commonwealth Parliament. Structure Queen Represented by: Governor General Senate Upper House House of Reps Lower House

House of Representatives (Lower House) Majority members of a political party form Government in this house. Leader = Prime Minister Government Ministers are appointed and hold portfolios (eg Education) Opposition party has the second most elected members in an election Leader = Opposition Leader Shadow ministers watch their counterpart’s portfolio

House of Representatives (Lower House) Main Role of the House of Reps Initiate and Make laws (eg Carbon Tax) Form Govt after an election Responsible Govt (important) Represent the people Publicise and examine govt administration Monitor govt expenditure (The Budget) Ok, we have just started the course, so how important is this information?

VCE Legal Studies Exam 15 November 2012 3.00pm (70 marks) Question 7 A former member of parliament recently commented that ‘the use of media has been effective in influencing change in the law in recent times, given that parliament itself has weaknesses as a law maker.’ a. Explain how individuals or groups use the media to influence legislative change (with an example) 2 marks b. Evaluate two weaknesses of parliament as a law-maker 6 marks

The House of Representatives. effectiveness Realise the significance of political parties that have large majorities in the Lower House. Proposed bills may be passed easily. Changes that were promised during election campaigns will be easy to fulfil. Political parties with small majorities may face difficult times eg Long debates and the chance the bill will fail. Can’t fulfil election promises.

The Senate (Upper House) The Important Points: Senators are elected for 6 year terms. Half of the senators are elected every 3 years. Each state has 12 senators. Each territory has 2 senators = 76 Senators Elected by proportional representation. (voters order of preference)

Senate (Upper House) Main Role of the Senate: Law making power similar to House of Reps Can’t initiate money bills (taxes) Passes laws that have been passed in the House of Reps (Lower House) then the bill receives Royal assent. States are represented here thanks to the constitution = representative government With its various committees, acts as a House of Review.

The Senate How it works! Examines all bills closely that have been passed in the House of Reps. This examination ensures that the government in the House of Reps is accountable for its proposed legislation. Example: The Goods and Services Tax Example: The sale of Telstra

Senate inquiries The impact of windfarms http://aefweb.info/data/Senate%20Report%20on%2 0Wind%20Farms%20230611.pdf http://www.smh.com.au/federal-politics/political- news/wind-turbine-sickness-all-in-the-mind-study- 20130315-2g4zd.html http://www.abc.net.au/local/stories/2011/03/29/3176 731.htm

The Senate Effectiveness as a law maker Governments that have a majority in the senate can pass legislation easily. Hostile senates are a different matter. Some parliaments have senates that are controlled by the opposition. Hostile senates require the government to persuade senators to back their legislation. Currently the Liberal Party forms alliances with The Greens and Independent Senators.

2013 EXAM Question 2 Explain the role of the Senate in the law making process (3 marks) A good answer would include a complete outline of what the Senate does (its role) covering a couple of the points we have examined. The answer would show the way that the Senate is involved in the law-making process, including its relationship with the Lower House (House of Representatives)