1.1 - Role of the Crown and houses of parliament in law-making

Parliament and the Australian Constitution • the roles of the Crown and the Houses of Parliament (Victorian and Commonwealth) in law-making • the law-making powers of the state and Commonwealth parliaments, including exclusive, concurrent and residual powers • the significance of section 109 of the Australian Constitution • one High Court case which has had an impact on state and Commonwealth law-making powers •factors that affect the ability of parliament to make law, including: - the bicameral structure of parliament - international pressures - the representative nature of parliament •the means by which the Australian Constitution acts as a check on parliament in law-making, including: - the role of the High Court in protecting the principle of representative government - the separation of the legislative, executive and judicial powers - the express protection of rights The Victorian courts and the High Court in law-making • the reasons for, and effects of, statutory interpretation • features of the doctrine of precedent including binding precedent, persuasive precedent, and the reversing, overruling, distinguishing, and disapproving of precedent • factors that affect the ability of courts to make law, including: - the doctrine of precedent - judicial conservatism and judicial activism - costs and time in bringing a case to court - the requirement for standing. • features of the relationship between courts and parliament in law-making, including: - the supremacy of parliament - the ability of courts to influence parliament - the codification of common law - the abrogation of common law.

What are the names of the Victorian (state) Upper and Lower house?

Upper house: Legislative Council

Lower house: Legislative Assembly

What are the names of the Commonwealth (federal) Upper and Lower house?

Upper house: Senate

Lower house: House of representatives

What are some roles of the Upper houses

• Act as a states/district house by ensuring that their state/local district is represented in the best possible way

• Act as a house of reviews

What are some roles of the Lower house

• Initiate bills & make laws that represent the views of Australian/Victorian Citizens.

• form & provide for a responsible government.

• Control government spending

What is the role of the Crown (Kings rep.) in Law making

• Granting/withholding Royal assent.

Suggesting amendments to a bill after it has passed both houses of Parliament.

• Appointing Executive council

Governor General is…

The crown in the commonwealth Parliament

The Governenr is…

The crown in the state parliament

Elaborate on the role of the upper house to Act as a states/district house

It is the job of the Upper house to ensure that their state/ district is represented in the best possible way and is equally represented in proposed change to the law.

Elaborate on the role of the upper house to Act as a house of reviews

Majority of bills are initiated in the lower house by government. The Senate acts as a house of review by Reviewing & scrutinising bills passed from lower house, this is be done by amending, approving or passing back the bill to the lower house for further consideration.

Elaborate on the role of the lower house to Initiate bills & make laws that represent the views of Australian/Victorian Citizens.

The main function of the lower house is to initiate and make new laws for Australia/Victoria. Proposed laws introduced into the house should be discussed and debated on, ensuring the views of the people of their electorate/region are upheld. if members do not do this, they could face voter backlash at the next election.

Elaborate on the role of the lower house to Determine / form government & provide for a responsible government

Members are elected to represent the people and are given authority to act on behalf of the people, the political party with the highest number of elected seats in this house will form the government. The party that forms government will usually be responsible for initiating new laws, this means that if the party with the most seats is a more conservative party for example, they may introduce bills that are of a conservative approach and align with their party agenda.

Elaborate on the role of the lower house to Control government spending

All financial bills relating to taxes or spending government money must be introduced in the lower house. They cannot be introduced in the upper house, this is to ensure that the control of taxpayer money remains entirely within the lower house, which is directly elected by the people to represent their views and interests.

Elaborate on the role of the Crown to Grant/Withhold Royal Assent

The King’s representative is required to approve / endorse bills before they can become law. This is the final stage of the legislative process. A bill cannot become an Act of Parliament without the Crown’s endorsement. Additionally, they can set a proclamation date, which is setting a date for the Act to become operational.

• On the other hand The Crown has the power to withhold royal assent under section 58 of the Australian Constitution. (only applies to Governor General). This means they can refuse to approve a bill and make it an Act of parliament. In the case that this does happen, the bill will be sent back to be amended and further considered,