Principles of the Australian Parliamentary System AOS 1: “This area of study focuses on the principles that underpin the Australian parliamentary system as well as an investigation of parliament as a law making body.”

The Australian Parliament Is based on the Westminster system, which is modelled on the British Parliament. Bicameral- 2 houses (upper and lower) Queen remains head of state Bicameral Parliament Lower House Upper House

Functions of Parliament Make laws on behalf of the people for the good government of our society Provide for the formation of government Provide a forum for popular representation Scrutinise the actions of government Delegate some of its law making power to subordinate bodies Decide what and how money is to be spent

Distinguishing Parliament Students often confuse Parliament, Government and Cabinet It is very important that you can distinguish between them:

Parliament- the whole law making body Government- the political party with the majority of seats in the lower house of parliament Cabinet- the policy making body made up of senior ministers from government

People in Parliament Prime Minister: Leader of the government at a federal level. Appoints ministers to be responsible for running departments Premier: Same role as Prime Minister but at state level Ministers: Responsible for running a department Responsible to parliament for the activities of their department Area of responsibility called a portfolio

The Westminster System The Westminster principles are a set of principles which underpin our parliamentary system in Australia. They are the principles of: Representative government Responsible government The Separation of Powers

Representative Government: The elected government must represent the views of the majority of the population The government must be representative of the people: chosen by the people(s.7 and s.24) This is achieved through regular voting and elections If the politicians are not representing the views of the people who voted for them, they wont be voted in next election This is an essential element of democracy

Representative Government The Bicameral structure also contributes to representative government: The lower house represents the majority of the people The upper house represents the states or regions equally

Principles of the Australian Parliamentary System Responsible Government: the government is answerable and accountable to Parliament, and therefore the people, for its actions- it must act fairly and responsibly Ministerial responsibility means that ministers are also responsible to Parliament (and therefore the people) for the actions in their departments Members of Parliament are able to questions ministers about their activities and the activities of their departments (Question Time) The Senate’s role of scrutinising bills helps ensure the government is accountable If the government loses the support of Parliament it must resign, so the government is responsible to the parliament , as parliament is responsible to the people The Separation of Powers (up next) also helps to uphold the principle of responsible government.

Principles of the Australian Parliamentary System The Separation of Powers There are 3 functions of any democratic political/legal system: Laws must be made (legislative) Laws must be administered (executive) Laws must be applied when disputes arise (judicial)

The power to enforce/apply/interpret the laws. Separation of Powers Legislative Power Executive Power Judicial Power The power to implement and administer the laws Exercised by Governor-General on the advice of the government (therefore largely exercised by the government) The Power to make laws Exercised by Parliament The power to enforce/apply/interpret the laws. Exercised by the courts Some overlap: the G-G is part of parliament and executive. Some members of parliament are also members of government Kept completely separate- courts are independent of political pressures and influence, which is necessary to maintain confidence in the legal system

Importing drugs- an example Consider a person charged with the importation of heroin. Importation of an illicit drug is an offence under the Commonwealth legislation. This legislation was passed by the Commonwealth Parliament- an example of the legislative function. The offence was most likely to have been detected by police or customs officials. Surveillance by the Australian customs service is an example of the executive function. Eventually the offender would be tried and, if found guilty, convicted and sentenced by a court- an example of the judicial function.

Why separate the 3 powers? There have been instances where members of parliament have been critical of judges’ decisions in the Supreme Court and the High Court, which comes close to breaching the separation of powers, as the legislature should never seek to influence the judiciary. Why not? Why is it so important to keep the powers separate? http://www.abc.net.au/news/stories/2010/11/11/3063010.htm

Why separate the powers? Josef Stalin wielded absolute power without checks from the legislature, executive or judiciary. This led to the deaths of millions of people as a direct result of this absence of legal and social structures. Even in the twenty-first century people such as Robert Mugabe (Zimbabwe) and the late Kim Jung-Il (North Korea) have exercised similar control over people in their country.

Reasons for the Separation of Powers A system of ‘checks and balances’- each power is separate and independent and ‘checks’ on the others. Therefore: Protects the stability of the government and the freedom of the people Makes sure parliament does not go outside of its area Citizens are safeguarded from the misuse of political power or corruption in the resolution of disputes Courts are independent of political influence- judges are ‘impartial’ For example, what would happen if a person felt that the government had passed a law that contravened the Constitution or basic human rights? They could take their case to the High Court (remember the Castle?) http://www.abc.net.au/news/stories/2010/11/11/3063010.htm

Important Sections of the Constitution S. 1 and s.51 outlines the law-making power vested in parliament (legislative) S.61 outlines the power given to the government body of the country responsible for administering laws (executive) S.71 outlines the power to enforce laws and settle disputes (judicial)

In your own words explain the key principles of representative government How is representative government upheld? How do the principles of responsible government serve to ensure that government is accountable to the electors for its actions? What are the key advantages of the separation of powers? The Australian system of government does not completely demonstrate the principles of the separation of powers. Explain why this is the case.

Question: French philosopher Montesquieu proposed that the separation of powers was essential to protect the stability of the government and the freedom of the people. Explain the doctrine the separation of powers and assess the extent to which it operates in the Australian legal and Parliamentary system 2+4=6 marks 18 Lines 12 minutes (Your teacher has hidden the answer to this question until they decided to release it…. You must ask for it to be released)

Answer: The doctrine of the separation of powers states that the three main types of power granted under the Constitution must be kept separate and exercised by different bodies so that no one body has absolute control and can abuse their power. The three powers are: the legislative power, which is the power to make laws, and this is exercised by Parliament; the executive power, which is the power to implement and administer the laws, which is granted to the monarch or their representative, but in practice it is exercised by the government; the judicial power, which is the power to apply and enforce the law when legal disputes arise, and this is exercised by the courts. However, in practice, in our system, there is some overlap between the legislative and the executive power: Ministers, who are at the centre of executive government, are also members of parliament The Governor-General is part of both parliament and the executive Parliament may delegate some of its lawmaking powers to government departments to make minor laws. The judicial power is kept separate. This is necessary to maintain the independence of the courts. In practical terms it is necessary as the government or parliament may be a party to a legal action, so the courts need to be able to adjudicate in an independent and unbiased matter. This might not occur if the legislature or the executive could exert influence over them