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VCE LEGAL STUDIESPETER F HUGHES 2015 ©
Unit 3LAW MAKINGParliament part (i)
UNIT 3 ADVICE
School Assessed Coursework (SACS) = 25% Score
Outcome 1 Structure and Role of Parliament – 25 Marks Outcome 2 The Constitution and Protection of
Rights – 50 Marks Outcome 3 The Role of Courts in Law Making - 25 Marks
UNIT 3 ADVICE
Read the relevant sections of the VCAA Study design 2011-2016
Ensure you have a copy of the exams and examiner’s reports for the last few years.
Obtain a copy of Mountford P, Walker C, Checkpoints 2011 VCE Legal studies
Units 3 & 4 Cambridge University Press
Consider a copy or online version of Beazer, Humphreys and Fillipin 2014 12e or 2015 13e
UNIT 3 LAW MAKING
OUTCOME Explain the structure and role of Parliament.
Explain the processes and effectiveness of Parliament as a Law Making Body.
Describe why Legal Change is required and how that change can be Influenced.
CHAPTER 1 THE AUSTRALIAN PARLIAMENTARY SYSTEM
Note the legal terms on page 8 of the text.
Ensure you start a vocabulary book for this subject with the main definitions of the terms we will use.
Get into a habit of reading the material we will be covering in class before the lesson.
CHAPTER 1 THE AUSTRALIAN PARLIAMENTARY SYSTEM
Australia 2012 A constitutional monarchy
The Commonwealth of Australia Constitution Act 1990 (UK)
Constitution defn – The system of fundamental principals according to which a nation, state or body politic is governed (Macquarie dictionary)
CHAPTER 1 THE AUSTRALIAN PARLIAMENTARY SYSTEM
Federation 1901 January 1st Created the Federal System of Government
Australia has 6 State Parliaments 2 Territory Parliaments 1 Commonwealth
Parliamento Realise the importance of the constitution
and the ability of the Commonwealth Parliament to make laws under it.
CHAPTER 1THE BICAMERAL SYSTEM
Bicameral (In a Nutshell) - 2 houses of parliament. - Upper and Lower House. - Federal Parliament and States
all have 2 houses except - Queensland, ACT and NT = 1
house
THE BICAMERAL SYSTEM
Commonwealth Parliament
Upper HouseSenate
Lower HouseHouse of
Representatives
Victorian State
Parliament
Upper HouseLegislative
Council
Lower HouseLegislative Assembly
COMMONWEALTH PARLIAMENT.STRUCTURE
Queen•Represented by:•Governor General
Senate •Upper House
House of Reps •Lower House
HOUSE OF REPRESENTATIVES(LOWER HOUSE)
Majority members of a political party form Government in this house.
Leader = Prime Minister Government Ministers are appointed and
hold portfolios (eg Education)
Opposition party has the second most elected members in an election
Leader = Opposition Leader Shadow ministers watch their counterpart’s
portfolio
HOUSE OF REPRESENTATIVES(LOWER HOUSE)
Main Role of the House of Repso Initiate and Make laws (eg Carbon Tax)o Form Govt after an electiono Responsible Govt (important)o Represent the peopleo Publicise and examine govt
administrationo Monitor govt expenditure (The Budget)
Ok, we have just started the course, so how important is this information?
VCE LEGAL STUDIES EXAM 15 NOVEMBER 2012 3.00PM (70 MARKS)
Question 7A former member of parliament recently
commented that ‘the use of media has been effective in influencing change in the law in recent times, given that parliament itself has weaknesses as a law maker.’
a. Explain how individuals or groups use the media to influence legislative change (with an example) 2 marks
b. Evaluate two weaknesses of parliament as a law-maker 6 marks
THE HOUSE OF REPRESENTATIVES.EFFECTIVENESS
p14
Realise the significance of political parties that have large majorities in the Lower House.
1. Proposed bills may be passed easily.2. Changes that were promised during election
campaigns will be easy to fulfil.Political parties with small majorities may face
difficult times eg3. Long debates and the chance the bill will
fail.4. Can’t fulfil election promises.
THE SENATE(UPPER HOUSE)
The Important Points:Senators are elected for 6 year terms.Half of the senators are elected every 3 years.
Each state has 12 senators.Each territory has 2 senators= 76 Senators
Elected by proportional representation. (voters order of preference)
SENATE(UPPER HOUSE)
Main Role of the Senate:
• Law making power similar to House of Reps
• Can’t initiate money bills (taxes)• Passes laws that have been passed in
the House of Reps (Lower House) then the bill receives Royal assent.
• States are represented here thanks to the constitution = representative government
• With its various committees, acts as a House of Review.
THE SENATEHOW IT WORKS!
Examines all bills closely that have been passed in the House of Reps.
This examination ensures that the government in the House of Reps is accountable for its proposed legislation.
Example: The Goods and Services Tax Example: The sale of Telstra
Refer to advertisement for a public forum on the Senate Inquiry into the Social and Economic Impact of Rural Wind Farms.
THE SENATEEFFECTIVENESS AS A LAW MAKER
Governments that have a majority in the senate can pass legislation easily.
Hostile senates are a different matter. Some parliaments have senates that are controlled by the opposition.
Hostile senates require the government to persuade senators to back their legislation. Currently the Australian Labor party forms alliances with The Greens and Independent Senators.
PRACTICE QUESTION 2014 EXAM
Q13 10 MarksDiscuss the ability of Parliament to change the law. In your answer, provide one recent example of an individual or group influencing change in the law.
Start taking notes to attempt this question.
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