Australian Commonwealth Constitution

Chapter 1: S1

Chapter 1: S1

The legislative power of the CW shall be vested in a federal parliament, which shall consist of the Queen, a senate & a HOR.

Chapter 1: S2

Establishes the role of the GG who is the representative of the Queen.

Chapter 1: S7

Establishes the senate as the states house & declare:

• That senators are to be directly chosen by the people of their state.

• Each state is to be equally represented.

• Senators shall be chosen for a term of 6 years.

Chapter 1: S24

Establishes the HOR as the peoples house & is often referred to as the ‘nexus clause’ which states

• HOR has to be 2x size of the senate (min 5 senators)

GOP (Government, Opposition, Parliament)

Government - ‘‘executive’’ party with the majority of seats in the HOR

Opposition - The party with the second largest number of seats in the HOR. It’s role is to hold the gov to account & be ready to form gov itself.

Parliament - Refers to the Senate and HOR

Constitution, constitutionalism & Conventions

Constitution - set of fundamental laws or conventions which create & define the institutions of power within a nation.

Constitutionalism - The idea that power should be limited. The opposite of absolutism.

Conventions (constitutional) - A set of unwritten rules or customs which govern the practises of gov in systems derived from Britian’s Westminster system.

Head of state vs Head of government

The King is represented by the GG is the HOS.

The HOG or the Federal Executive is the PM.

S62

The formal executive. A council created by S62 of the Constitution & comprising the GG and ministers. EXCO

Tactics gov uses to undermine functions of gov

Flood gating: Strat of introducing a high volume of legislation into the parliament - with aim of passing bills with minimum scrutiny or debate.

Gag: Motion passed in a house of parliament to curtail further debate.

Guillotine: Motion passed in a house of parliament to impose a time limit on debate.

Speaker

The Presiding Officer of the HOR. Responsible for maintaining the functioning of the chamber according to its Standing Orders.

partisan

A representative who is a member of a political party. They contribute to party policy, support partie’s position & are tied to party lines.

Representaitve functions of government

delegate, trustee, state

standing orders

The rules by which each house of parliament operates. The constitution gives power to each house to make its own rules.

Crossbench

The term used to describe members of a house of parliament who are Independents or are not members of a major or governing party.

No confidence motion

A motion by which the HOR withdraws its support from the gov. A successful motion of no confidence would - by convention of collective ministerial responsibility - require a minister or the gov to resign.

Censure motion

A motion to discipline a minister or the govt. A successful censure motion in the HOR would - by the conventions of individual or collective ministerial responsibility - require a minister or the govt to resign.

S51

Concurrent powers

S53

Money bills - Senate can’t initiate

S57

GG may dissolve the parliament using powers under S57 of the Constitution using powers under Section 57 powers are always exercised on the advice of the Prime Minster. The last double dissolution was the 2016 federal election.

S64

GG in council meet at the pleasure of GG.

members of EXCO must be ministers

S61

vest executive power in the Queen + rep by GG

S68

GG is command in chief of naval & military forces.

S71

vests judicial power in HC

S73

appellate jurisdiction

S75

Original jurisdiction

S76

additional original - constitutional jurisdiction

SOP

doctrine which divides power of govt into distinct branches in order to prevent the accumulation of power into the hands of one person or elite groups.

RPG

The convention governing the formation of govt in the Westminster system in which the executive is drawn from, & responsible to, the parliament.

Ministry

The entire collective of ministers, assistant ministers, & the PM. Divided into the inner ministry of senior cabinet & the outer ministry of less important ministers & assistants.

Assistant ministers or parliamentary secretaries

A junior ministerial (Executive) position formerly known as a parliamentary secretary. They assist senior ministers in larger portfolios.

Real Executive

Or the political executive ‘‘Engine room of the government’’ and forms the gov of Australia

Cabinet

A committee of the executive comprising of the PM & senior ministers. It is governed entirely by convention & has no legal or constitutional authority. Despite this, it is the most powerful institution in the system of gov.

Prime Minister

The head of the Federal executive (the gov). The leader of the majority in the HOR. Position entirely governed by convention

Portfolio

An area of gov activity. E.g. The health portfolio belongs to the Minister for Health & includes the Department of health. A minister is responsible under the convention of individual ministerial responsibility responsible for their portfolio.

National Cabinet

Executive committee comprised of the Commonwealth & state & territory gov.