11.1 The bicameral structure of parliament

Structure

• two houses

  • commonwealth = house of reps and senate

  • vic gov = legislative assembly and council

• established by s.21 of constitution

• bill must be passed through both houses

Why was it established

Upper house designed to:

• act as house of review

• prevent rushed law-making

• represent diff interests within society

• provide check on gov

acts as a check on law-making powers

allows review and amendment of proposed laws

provides forum for debate

can enhance or hinder law reform depending on composition of houses

benefits

House of review/quality control

Greater debate and scrutiny

Increased representation

House of review/quality control

upper houses review bills passed by lower houses and suggest amendments

improves quality of legislation as errors, emissions and unintended consequences may be identified

ensures amendments can be proposed debated and implemented

Greater debate and scrutiny

gov often lack majority in upper house thus must negotiate with opposition and cross-benchers before laws can pass

requires support from cross-bench or opposition promoting negotiation and compromise

Increased representation

diverse upper house can reflect wider community interests

cross benchers can raise specific issues

Limitations

government may control both houses

hostile upper house

slow legislative process

Rubber stamp

When government controls both houses

• upper house may fail to review bills properly

• limits scrutiny

Hostile Upper House

When government lacks upper house majority

• law-making can stall

• minor parties or independents may hold disproportionate power - may only represent niche views and not mainstream ones

Slow legislative process

each bill must go through multiple stages

limited sitting days slow down reform