Commonwealth Parliament Functions

Functions of the Commonwealth Parliament

  • Essential knowledge: Responsible government, representative government, separation of powers, division of powers, Westminster conventions.

  • Functions in theory and practice, including Sections 7, 24, 51, 53

Core Functions

  • Represent: Government chosen by the people.

  • Legislate: Makes statutory law (monetary and non-monetary).

  • Responsibility: Holds the executive accountable.

  • Debate: Major national forum for public debate.

Origin of Functions

  • Westminster system.

  • Power derives from popular sovereignty; exercised under written constitution and/or unwritten constitutional conventions.

Representative Function – In Theory

  • Sections of the Constitution define representation.

  • Theoretical models:

    • Delegate: Mouthpiece for constituents.

    • Trustee: MPs make judgments in constituents’ best interests.

    • State Representation: Senate represents states equally.

    • Mirror Representation: Parliament mirrors society's composition.

Representation – In Practice

  • Partisan model dominant.

  • Electoral systems impact representation.

Legislation – In Theory

  • Laws should be well-scrutinized with diverse input.

  • Initiated by any member, follows a deliberative process.

  • Legislative Process:

    • House of Representatives: 1st reading, 2nd reading, House committee (optional), consideration in detail (optional), 3rd reading, bill passed, sent to Senate.

    • Senate: 1st reading, 2nd reading, Senate committee (optional), committee of the whole (optional), 3rd reading, bill passed.

    • Governor-General: Royal Assent, bill becomes an Act of Parliament.

Responsibility – In Theory

  • Executive drawn from Parliament, accountable under the Westminster system.

  • Unwritten conventions:

    • Collective ministerial responsibility: Government resigns if it loses a vote of no confidence.

    • Individual ministerial responsibility: Censure motions for ministers.

    • Cabinet secrecy & solidarity.

    • Question Time.

    • Parliament scrutinizes spending.

    • Standing and select committees.

Responsibility – In Practice

  • Executive dominance impacts responsibility.

Debate – In Theory

  • Essential for other functions.

  • Opportunities for debate:

    • Grievance, Urgency Motions, Private Members Business, Matters of Public Importance – representative function.

    • Second reading debates – legislative function.

    • Ministerial Statements and Question Time – responsibility function.

  • Parliamentary Privilege: MPs protected from prosecution for statements during duties.

Debate – In Practice

  • Executive dominance restricts debate via:

    • Filling day with Government Business.

    • Using gag motions, guillotines, flood-gating.

    • Restricting session schedules.

    • Exploiting adversarial nature.

  • Debates in Parliamentary committees.

Debating in Parties

  • Party rooms for private debate, raising concerns, strategy development.

  • Backbenchers can challenge executive members.

  • Examples: Liberal Party Room, ALP Caucus, National Party Room.

Decline of Parliament Thesis

  • Arguments for and against the decline in performing core functions (Representative, Legislative, Responsibility).