Chapter 11 Parliament and the Constitution

demonstration

a gathering of people to protest or express their common concern or dissatisfaction with an existing law as a means of influencing law reform

balance of power

(between political parties) a situation where no single party has a majority of seats in one or both houses of parliament, meaning the power to reject or approve bills is held by a small number of people

bicameral parliament

a parliament with two houses (also called chambers). In the Commonwealth Parliament, the two houses are the Senate (upper house) and the House of Representatives (lower house). In the Victorian Parliament, the two houses are the Legislative Council (upper house) and the Legislative Assembly (lower house)

bill

a proposed law that has been presented to parliament to become law. It becomes an Act of Parliament once it has passed through all the formal stages of law- making (including royal assent)

Cabinet

the group of senior ministers in a government made up of the Prime Minister (or the Premier at a state level) and senior government ministers who are in charge of a range of portfolios. This group decides which bills or legislation should be presented to parliament

coalition

an alliance or joining together of two or more political parties, usually to form government

common law

law made by judges through decisions made in cases. Also known as case law or judge-made law (as opposed to statute law)

crossbenchers

members of Parliament who are not members of either government or opposition (i.e. independent members or members of minor parties). They are named after the set of seats provided in parliament for them

doli incapax

the presumption that a child aged between 10 and 14 does not have criminal intent; this can be rebutted with evidence

executive power

the power to administer the laws and manage the business of government, which is vested in the Governor-General as the King’s representative

express rights

rights that are stated in the Australian Constitution. These rights are entrenched, meaning they can only be changed by referendum

hostile upper house

a situation in which the government does not hold a majority of seats in the upper house and relies on the support of the opposition or crossbench to have their bills passed

implied rights

rights that are not expressly stated in the Australian Constitution but are considered to exist through interpretation by the High Court

international pressures

demands made on parliaments, from within Australia or beyond, to make (or not make) laws that address matters of international concern

international treaty

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws (also known as an international convention)

judicial power

the power given to courts and tribunals to enforce the law and settle disputes

judiciary

a legal term used to describe judges as a group (i.e. judicial officers who have the power to apply and interpret the law) as well as the courts as an institution (i.e. one of the three branches of government)

jurisdiction

the lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal cases

law reform

the process of constantly updating and changing the law so it remains relevant and effective

legislative power

the power to make laws, which resides with the parliament

legislature

a legal term used to describe the body having the primary power to make law (i.e. parliament)

minor party

a political party that can pressure the government on specific issues to bring about law reform, despite not having enough members or electoral support to win government

non-government organisation (NGO)

an organisation, generally not-for-profit, that functions independently of any government; these organisations often do humanitarian work abroad and receive government funding

parliamentary committee

a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party

petition

a formal, written request to the parliament to take some action or implement law reform

private member

a member of parliament who is not a government minister

ratify (ratification)

confirmation by a nation’s parliament of its approval of an international treaty signed by its government. The parliament expressly passes legislation that requires it by law to adopt the various rights and responsibilities set out in the treaty

referendum

the method used for changing the wording of the Australian Constitution. It requires a proposal to be approved by the Australia people in a public vote by a double majority

rubber stamp

a term used to describe a situation in which the upper house of parliament automatically approves decisions made in the lower house because the government holds a majority of seats in both houses and members of the government generally vote along party lines

secondary legislation

rules and regulations made by secondary authorities (e.g. local councils, government departments and statutory authorities) that are given the power to do so by parliament (also called delegated legislation)

separation of powers

a doctrine established by the Australian Constitution that ensures the three powers of our parliamentary system (i.e. executive power, legislative power and judicial power) remain separate

standing

the requirement that a party must be directly affected by the issues or matters involved in a case for the court to be able to hear and determine that case

transnational corporation (TNC)

a company that operates globally, across international boundaries

United Nations (UN)

a major international organisation established after the Second World War to maintain international peace, security and cooperation among nations

Victorian Law Reform Commission (VLRC)

Victoria’s leading independent law reform organisation. It reviews, researches and makes recommendations to the state parliament about possible changes to Victoria’s laws

Give Reference: not have a majority of seats in the legislative council

Reference:

Marathon debate in the legislative council