Politics and Law

\ ### < proclamation of parliamentary sessions within 30 days after an election. * S.5 > proroguing or suspending parliament between sessions. * S.28 > dissolving HoR. * S.32 > issuing writs for a general election. * S.57 > dissolving both houses in event of double dissolution election and convening a joint sitting of parliament. * S.58 > granting or withholding Royal Assent. ### Executive powers: * S.62 > select and appoint Federal Executive Council (EXCO) and shall hold office during his pleasure * S.63 > GG is to act on advice of the EXCO * S.64 > appointment and dismissal of Ministers of State * S.67 > appointment of other senior government officials * S.68 > commander in chief of defence forces * S.72 > appointing federal and HC judges ### Express powers: used after consultation with PM and EXCO * S.57 > Dissolution of parliament * S.32 > issuing writs for election * S.58 > granting Royal Assent * S.72 > appointing federal and HC judges ### Reserve powers: GG may exercise without ministerial advice * S.64 > appoint PM if election results in hung parliament * S.64 >dismiss PM if they have lost confidence of parliament * S.64 > dismiss a PM or Minister when they are acting unlawfully * S.5 & S.28 refuse to dissolve HoR despite requests from PM ### Ceremonial roles: * GG represents Australia on occasions such as Anzac Day. * Recieves and entertains visiting heads of state, heads of government and prominant visitors of australia. * Opening new sessions of CW parliament. ### Non-ceremonial roles: * Travelling in order to meet people. * Accept partonage or various charitable, cultural and other organisations. * Attending services and functions. * Speaking at, and opening nation and international conferences. * Presenting awards at major public functions. ### 1975 crisis Timeline: * October 14th - Rex Connor resigns after being shown to have misled parliament over ongoing negotiations for overseas loans. Replaced by Paul Keating. * Metropolitan newspapers call on the govt to resign, Fraser (opposition) annouces Senate will delay money bills until Whitlam (PM) calls election. * HoR passes motion of confidence in govt, whilst Parliament debates constitutional crisis of not being able to spend money. * Novermber 3rd - Fraser offers to pass Supply bills provided Whitlam agrees to call election by May 1976, Whitlam rejects. * November 10th - Chief Justice of High Court, Sir Garfield Barwick, former Liberal minister meets GG. Later gives Kerr letter that GG releases the next day to support kerr’s decision. * November 11th - Whitlam threatens to call half-senate election if money bills are not passed. Kerr dismisses Whitlam, and commissions Fraser as Prime Minister. Senate passes money bills. Whitlam moves motion of no-confidence in Fraser, and it passes. Governor-General secretary reads the proclamation dissolving parliament. ### Broken conventions: * Senate vacancies being filled by members of an opposite party broke the convention that senate vacancies should be filled by a member of the same party as the previous senator, such as when NSW premier and QLD premier at the time appointed non-labor members to fill labor vacancies. (s.15) * Fraser broke convention by blocking supply undermining the govt’s mandate to rule. S.53 - Senate may not initiate/amend appropriation (does not say block). * Kerr broke convention by not following the PM’s wishes by refusing to call a half-senate election as whitlam requested (s.63 should follow PM/ministerial advice) however used reserve powers. * Kerr broke convention by asking the Chief Justice of the High Court for advice, as he should only act on advice of the PM and ministers (EXCO) (s.63) * Whitlam broke convention as he did not hold an election/resign when supply was blocked due to CMR/responsible govt.Westminster conventions dictate that the government should either resign or advise the Governor-General to call a double dissolution. * \ ## Functions of parliament ### Representative funtion * CW parliament - elected by people (s.7 & s.24) and thus represents the people. * Political parties are elected representatives in the LH and act in the interests of their constituents * Delegate representation - MP represent the people who elected them with little concern for their own views, values of conscience. Ensures the voice of the people is heard in the legislature. * Trustee representation - MP uses their judgement to act on behalf of their constituents & their best interest. MPs are entrusted by those who elect them to make representations to parliament. * In reality, voters mostly elect a party/leader they identify with rather than a delegate/trustee. * Senate - sovereign state interest: senate should represent the interests of the aus states. However in reality, senate is a partisan house. ### Legislative function: * Parliament is a legislature that make laws that follow statutory process, are scrutinised in which speeches, debates and analysis in committees ensures good legislation, have a diversity of input that reflects the diversity of the Australian electorate and can be initiated by any member of parliament. * In reality, the Westminster style of parliamentary executive creates a govt that can dominate the LH, therefore is dominated by the political executive. they can rush through legislation using the gag, guillotine and floodgating. this can compromise the scrutiny of bill and diversity of democratic input ### Responsibility function * govt must maintain support of LH - vote of no confidence by the house will dismiss a govt through CMR - in 1975 kerr (GG) interpreted Whitlam govts inability to pass money bill as loss of confidence. * individual ministers can be dismissed through censure motions- holds them accountable for conduct. * Question time - members can ask questions without notice. Can not mislead parliament. * Scrutinising govt spending - executive can only spend money with accordance to the law. * Standing and select committees - formed of members of parliament and have powerful investigative capacities. Public interest journalism committee. * Dominance of political parties means they should always have the support of parliament > reduces responsibility function. motions of no-confidence moved by the opposition or crossbench against govt tend to not be successful due to partisanship ### Decline of parliament thesis * the claim that modern parliaments do not efficiently perform their expected democratic functions, such as representation and accountability. It claims that parliament is simply a ‘rubber stamp’ that expresses the will of the executive. * the representative function has declined as parliamentarian are forced be partisan, not delegates or trustees. majoritarian electoral system in the HoR reinforces two party system preventing diversity. * the legislative function has declined due to dominance of the political executive in proposing an selecting bills for introduction to HoR, reducing PMBs, and guarantees passage of government bill, enables it to floodgate bill and gag &guillotine debates. ## Mandates ![](https://knowt-user-attachments.s3.amazonaws.com/f73fc4b2c9c340caa2b64deef16a17f6.jpeg =300x271) ## Influences on law making ### Impact of political parties on law making * political party - organised group of people who form to represent and promote world views and ideologies. * major political party - significant influence over the passage of statutory legislation in Parliament, due to executive dominance in the HoR and party solidarity. it is any party with enough electoral support to forms govt. * minor party - great influence in the senate, especially when they side with the opposition to force amendments to bills/prevent passage. it is any party that has enough support to regularly win some seats but not enough to form govt. ABCC legislation (2015) - Turnbull introduced legislation that prevented union workers from entering construction sites and if they do, are found guilty before innocent. Passes in the house due to executive dominance but fails in senate. Turnbulls get GG to prorogue parliament, Senate votes against bill and DD occurs. Coalititon seats are lost. Major amendments made to bill and onus of proof removed. ### Impact of pressure groups * Pressure group - organised group of people which attempts to persuade a political party or government to undertake specific action. * Sectional pressure group - pressure group that represents a particular ‘section’ of society and therefore acts in their own self-interest. * Promotional pressure group - pressure group that advances a particular cause that is not self-interested but is motivated to achieve change on behalf of society as a whole. * keeps governments more responsive to wishes of the community. * are equipped to express the view of minority groups who lack a voice. * offers an alternative source of advise to govt. * Water Act (2007) - Howard govt offered 10billion to basin states to refer their power to manage the Murray Darling River to the CW, the Natyional Farmers federation didn’t agree with the legislation as there would be less water for irrigation and therefore less money for farmers. They lobbied for the Act to be reviewed and it was. Shows how pressure groups influence legislation. Rowe v Electoral Commissioner (2010) - dealt with validity of legislation after it sought to restrict the time that people can enrol to vote. Rowe was funded by GetUp! to take the electoral commissioner to court. 100,000 people were ineligible to vote in 2010 election, but HC ruled that the electoral commissioner’s restrictions were invalid, Rowe won and all these people could vote at the 2010 election. Shows that pressure groups can influence court cases. ### Impact of individuals * William v Commonwealth (2012) - a girl went to a chaplain at her public school and was given advice about her problems, but the chaplain included religious advice. William asked the school to fire the chaplain because he was religious and worked at a public school, the school refused and he took the HC and argued that the funding of NSCP was invalid under section 61. He won, and the govt had to rewrite NSCP. Shows that individuals have the right to influence statutory legislation. * Norrie v NSW registrar of births, deaths and marriages (2014) - Norrie wanted the gender on their birth certificate to be changed as they had come out as non-binary. NSW registrar refused to change it, so norrie filed a complaint with the Australian Human Rights Commission to the Court of Appeals. They won the case, so the registrar no longer restricts gender to solely male and female options. Shows how individuals impact common law ## Accountability of the governor general ## Accountability of the parliament ### Elections ### \

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