Part 2.

Section 2 The Australian Parliamentary System

Chapter Overview This part takes a gander at the ideas of The Australian Parliament State parliaments Separation of forces Representative and dependable government Limitations on forces Legislation, Bills and Acts Cornerstones of Australian Law: Chapter 2

Parliament Supreme law making body got from the British Westminster System Supreme position of parliament is alluded to as power of parliament Australia has a national Federal Parliament and in addition state and region parliaments. Foundations of Australian Law: Chapter 2

Australian parliaments Commonwealth Parliament - Canberra (bicameral) ACT Parliament (unicameral) NT Parliament (unicameral) Queensland Parliament (unicameral) NSW Parliament (bicameral) Victorian Parliament (bicameral) Tasmanian Parliament (bicameral) South Australian Parliament (bicameral) Western Parliament (bicameral) Cornerstones of Australian Law: Chapter 2

Parliamentary framework Parliament is involved maybe a couple houses A house is a get together of chose individuals from parliament Bicameral parliamentary framework two houses Unicameral parliamentary framework one house Cornerstones of Australian Law: Chapter 2

Westminster System in Britain Head of State Queen Elizabeth II Lower House of Commons Upper House of Lords Cornerstones of Australian Law: Chapter 2

Main elements of parliament Form government Enact and cancel laws Establish boards of trustees to examine issues of concern and investigate the administration in influence Cornerstones of Australian Law: Chapter 2

History of Australian Federation Federal Council of Australasia Act 1885 went to permit the provinces to give at regular intervals and pass laws of normal premium Cornerstones of Australian Law: Chapter 2

Historical Timeline Idea of an Australian Federation was conceived Late 1800s 1891 - 1898 various traditions were held to draft the Australian Constitution 1899 The Commonwealth of Australia Constitution was gone to shape the Commonwealth of Australia The settlements shaped six states and two domains Lord Hopetoun was selected as Australia\'s first Governor General 1901 Cornerstones of Australian Law: Chapter 2

Commonwealth Parliament Commonwealth of Australia Constitution Act 1900 alluded to as the Commonwealth Constitution built up Commonwealth Parliament set out the law making powers between the Commonwealth and the States Cornerstones of Australian Law: Chapter 2

Commonwealth Parliament King or Queen (i.e. the Crown) Upper House Senate Lower House of Representatives Cornerstones of Australian Law: Chapter 2

C\'wealth Government political gathering in influence Prime Minister leader of the administration Cornerstones of Australian Law: Chapter 2

Cabinet contained senior and junior clergymen Senior priests responsible for critical portfolios Junior pastors accountable for less essential portfolios Cornerstones of Australian Law: Chapter 2

Cabinet capacities Constructing arrangement Approving bills Prioritizing bills for prologue to parliament Senior clergymen manage the organization of their individual government divisions Cornerstones of Australian Law: Chapter 2

Executive Council Consists of Governor General Prime Minister Ministers in Cabinet Role is to formally endorse choices made by the pastors in connection to organization of government Cornerstones of Australian Law: Chapter 2

Opposition Party with the following biggest number of seats Cornerstones of Australian Law: Chapter 2

State & Territory Parliaments Structure King or Queen Upper House as a rule called Legislative Council Lower House more often than not called Legislative Assembly Cornerstones of Australian Law: Chapter 2

State & Territory Governments Leader of the overseeing party Premier of that express States\' parliaments have cupboards, Ministers, and Executive Councils Executive Councils called Governors in Council in all states and regions Cornerstones of Australian Law: Chapter 2

Parliaments Cornerstones of Australian Law: Chapter 2

Separation of forces Cornerstones of Australian Law: Chapter 2

Separation of forces Law-production powers practiced inside society can be grouped in three ways authoritative influence official influence legal influence Cornerstones of Australian Law: Chapter 2

Legislative influence Given to Australian parliaments by the Commonwealth Constitution to make enactment Cornerstones of Australian Law: Chapter 2

Executive influence Power to direct laws Exercised by Executive Council in the Commonwealth of Australia Governor in Council in all states and regions of Australia Cornerstones of Australian Law: Chapter 2

Judicial influence Power practiced by the Courts Involves hearing and deciding lawful inquiries translating the law and its application specifically cases Cornerstones of Australian Law: Chapter 2

Representative Government Every individual from every parliament in Australia speaks to the general population inside the electorate that chose that part Every Member of Parliament is liable to his/her electorate If greater part of voters in an electorate are disappointed with the neighborhood part/nearby part\'s political gathering, another individual might be chosen to speak to that electorate in parliament Cornerstones of Australian Law: Chapter 2

Powers of parliament Constitution isolates the administrative forces between the Commonwealth and the states Cornerstones of Australian Law: Chapter 2

Powers of Commonwealth Parliament Constitution has given the Commonwealth Parliament the privilege to practice particular forces Two classes of particular forces Exclusive Concurrent Cornerstones of Australian Law: Chapter 2

Exclusive forces Constitution has designated the Commonwealth Parliament select forces to administer specifically regions Allow just the Commonwealth Parliament to make laws in ranges that influence the country Cornerstones of Australian Law: Chapter 2

Exclusive forces S114 – the raising and keeping up of any maritime or military power S 115 – the instituting of cash S 90 – the conceding of bounties on the creation or fare of merchandise S 52 (ii) – the Commonwealth Public Services Cornerstones of Australian Law: Chapter 2

Concurrent forces Shared amongst Commonwealth and State Parliaments Allow both parliaments to administer in the same regions, for example, isolate and tax collection Cornerstones of Australian Law: Chapter 2

Concurrent Powers S109 of the Constitution gives that where a State law is conflicting with a Commonwealth law the later will stand Commonwealth laws dependably beat State laws Cornerstones of Australian Law: Chapter 2

Residual Powers Given to state parliaments to make laws in connection to state matters streets, railroads, healing centers and so forth Powers are not particularly expressed in the constitution but rather are left over forces Cornerstones of Australian Law: Chapter 2

Limits on Commonwealth Power Limited by the Constitution Commonwealth must not incline toward one State over another in connection to exchange, business or income (s 99), or in connection to tax assessment (s 51(ii)) must secure each State against intrusion (s 119) can\'t confine unhindered commerce between states (s 92) Cornerstones of Australian Law: Chapter 2

Limits on state powers Limited by the Constitution States can\'t demand traditions & extract obligations (s 90) exchange between states must be free (s 92) restricted from raising military powers (s 114) disallowed from begetting cash (s 115) Federal law will dependably beat state utilization of a simultaneous influence to the degree of any irregularity (s 109) Cornerstones of Australian Law: Chapter 2

Overcoming constitution constraints The Commonwealth may defeat its sacred impediments in two ways rolling out a concurrence with states improvement the constitution Cornerstones of Australian Law: Chapter 2

Agreement with the states S 51 (xxxvii) of the Constitution permits state parliaments to allude a leftover influence to the Commonwealth in connection to passing enactment in a specific region S 61 of the Constitution permits the Commonwealth to give the states assets to spent particularly, e.g. upkeep of streets Encourage all the states to establish the same enactment in a specific range in this manner uniforming the law Cornerstones of Australian Law: Chapter 2

Changing the constitution The Constitution might be changed in two ways Referendum technique High Court strategy Cornerstones of Australian Law: Chapter 2

Referendum Method Section 128 of the Constitution permits itself to be changed just in understanding to the procedure of a submission A choice permits wording of the Constitution to be changed through including, erasing or correcting words, sentences or segments Cornerstones of Australian Law: Chapter 2

Cornerstones of Australian Law: Chapter 2

High Court Method High Court Does not change the expressions of the Constitution I t " s part is just to decipher its words Resolves question between the Commonwealth and a state Its translation of specific segments of the Constitution may adjust the equalization of influence between the states and Commonwealth See Franklin Dam Case on page 41 Cornerstones of Australian Law: Chapter 2

Delegated Legislation Parliaments appoint some of their law making forces to master bodies to make laws in their particular zones Expert bodies known as subordinate powers Laws made by these bodies are alluded to as designated l