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Student book questions9.1 The historical development of the British ParliamentPage 304

9.1 Check your learning

Define and explain

1 What does ‘bicameral’ mean?

Bicameral is a term used for a parliament that has two houses (or chambers), usually described as the upper and lower house.

2 What are the two houses of the British Parliament?

The House of Lords (i.e. upper house) and the House of Commons (i.e. lower house)

Synthesise and apply

3 Conduct some research on the internet, and identify four other bicameral parliaments (other than Australia and the United Kingdom).

Student answers will vary.

© Oxford University Press 2018 1Justice & Outcomes VCE Legal Studies for Units 3 & 4 Teacher obook assess ISBN 9780190310394Permission has been granted for this page to be photocopied within the purchasing institution only.Version 1.0

9.2 The Federation of AustraliaPage 305


Define and explain

1 Why did the British colonies in different parts of Australia want to unite to form a federation?

At the time, there was a fear of invasion from non-British immigrants. The British colonies wanted a unified immigration policy to deal with this threat. The need for a central government and national laws and regulation became evident so that laws about transport and trade could apply to the whole country.

2 What is the formal title of the Australian Constitution and which parliament passed it?

The formal title is the Commonwealth of Australia Constitution Act 1900 (UK) and it was passed by the British Parliament.

3 What date is the anniversary of the Federation of Australia?

1 January 1901 is the date celebrated as the anniversary of the Federation of Australia.


4 Research the constitutional conventions.

a Who were some of the key people involved?

Student answers will vary but may include Sir Henry Parkes, Andrew Inglis Clark, Samuel Griffin and Edmund Barton.

b What was the subject of the major arguments between the colonies, and why?


c Who is credited with writing the first draft of a constitution?

Andrew Inglis Clark is credited with writing the first draft of the Constitution at the 1891 convention.

5 Conduct some research on how the colonies voted on the Federal Constitution Bill.

a When was the Victorian vote held?

The first referendum was held in June 1898. The second referendum (after changes to the Constitution recommended by the NSW colony) was held on 27 July 1899.

b What was the outcome of the vote?

Victoria achieved a majority in both the 1898 and 1899 referendums.


c Which state was least in favour of federation? Why?

New South Wales was least in favour of federation and did not achieve a majority in the first referendum of 1898. As the first colony, and the most populated one, NSW had concerns that the new country would not act in its best interests and that the other colonies would need financial support from NSW.


9.3 Parliaments in AustraliaPage 306


Define and explain

1 Give two different terms that describe the way in which Australia is governed.

Constitutional monarchy and representative democracy

2 How many states and territories are there in Australia?

There are six states in Australia and ten territories, two of which are mainland territories.

3 How many parliaments are there in Australia? Why does this number differ from the number of states and territories?

There are nine parliaments in Australia. As well as a parliament for each state and territory, there is a federal parliament that runs the Commonwealth. Furthermore, not all of the Australian territories have parliaments.


4 Conduct some research to find out why the Queensland Parliament is a unicameral parliament.

Queensland has a unicameral parliament because the upper house was abolished. At the time the decision was made in 1922, the upper house was considered ‘useless’.

5 ‘The people of Australia are the ones who uphold the system of a representative democracy’. Explain what this means.



9.4 The meaning of the rule of lawPage 307


Define and explain

1 Explain what is meant by the rule of law.

The rule of law means that everyone is bound by, and must adhere to, the laws. It also means that laws must be such that people are willing and able to abide by them. The rule of law applies to individuals, groups and the government.

2 Identify two principles of the rule of law.

Student answers will vary but may include:

• the Australian Constitution acting as a check on parliament

• judges interpreting the law free from pressure from the government

• laws made by parliament are open to criticism

• people are free to demonstrate against unfair laws without fear

• people can use courts to challenge law made by parliament

• judges are able to interpret laws made by parliament in case law (judge-made law).

3 What happened in June 2017 in relation to sentencing in Victoria and three members of parliament, and how is this relevant to the rule of law?

In June 2017, three members of parliament made criticisms against judges and the conduct of an appeal in the Court of Appeal. This is relevant to the rule of law as judges interpret the law free from pressures from government. Judges and parliament are separate, and the comments could be seen as an attempt by the government to interfere in court processes.

4 Is the Prime Minister subject to the rule of law? Why?

Yes, the Prime Minister is subject to the rule of law. The rule of law states that all Australians, regardless of their position or importance, are bound equally by the law and must obey it. The Prime Minister is no exception to this rule.


5 Conduct some research to find out if there are any governments around the world that do not consider the rule of law to be important. Discuss your findings with your class.



6 Why do you think that it is important that judges are kept separate and independent of the people who make the law?



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