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This chapter explores the Australian Parliamentary System, which follows the Westminster model with its bicameral structure comprising an Upper and Lower House. It highlights key principles, including the Separation of Powers, Representative Government, and Responsible Government. The Sovereign is the head of Parliament, and the Constitution outlines the government's structure and powers while empowering the High Court. The chapter discusses the significance of checks and balances to prevent the abuse of power and the necessity for laws to adapt over time, linking these concepts to the essential features of democracy.
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Chapter 2 The Australian Parliamentary System Wednesday 8 February 2012
Westminster System • Bicameral – two houses – Upper and Lower • Head of Parliament is the Sovereign/Crown/Monarch (the QUEEN) • Parliament is supreme
Australia’s Parliament • Terra nullius • Federation – rationale: to create a central authority to create laws/policies for national issues • The Constitution – gives us the structure of government and its powers; established the High Court
Key Principles • Separation of Powers • Representative Government • Responsible Government
Separation of Powers • The legal system has 3 main functions: legislative (makes the laws); executive (administers the law); and judicial (interprets/applies the law) • These 3 functions are given to different bodies to perform • Provides a system of checks and balances so that no single body holds absolute authority (and therefore prevents abuse of power).
Representative Government • Central to our system of government- democracy • Represents the views of the majority of voters • Government formed by party with majority of seats in the lower house • Lower house represents the will of the majority • Upper house represents the interests of each state/region
Responsible Government • Government is answerable to parliament • Parliament can establish committees to investigate government actions • Parliamentary debate and Hansard provide for public scrutiny
Learning Objectives • Explain the need for a separation of powers • Explain the features of representative and responsible government • Explain why laws may need to change
DO NOW • What do the following have in common: • Legislative assembly and House of Representatives • Governor and governor general • Senate and Legis. Council • Statute law, acts of parliament, delegated legislation
Changing the law • Predict what we will learn in Chapter 3 • Why do laws need to change?