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.