Unit 3- Outcome 1- Parliament and the Citizen

The Australian Parliamentary System

Key Terms

Bicameral Government Separation of Powers Crown

A Westminister System

Australia’s legal system is based on the British legal system, known as the Westminster system.

Parliament consists of two houses which is known as a bicameral parliament- Upper House- Known as the Senate and the Lower House , known as the House of Representatives

Parliament is the ultimate lawmaking authority.

It is a democratic body that represents and is responsible to the people.

The Crown retains the right to accept or refuse proposals passed by both houses. However, usually the Crown accepts laws passed by parliament.

Federal System of Government Under this federal system, each state has

its own parliament, which can exercise powers relating to certain issues, such as transport, power, water and education.

The states agree that specified matters that affect the entire country should be made by a national authority than a state body. Therefore, matters such as defence, currency and trade are made by —the Parliament of Australia.

LEGISLATIVE and EXECUTIVES WORKING

TOGETHER

JUDICIAL WORKING INDEPENDENTLY

LEGISLATIVE

EXECUTIVE

JUDICIAL

Separation of Powers

There are three functions that must be performed within any legal system:

1) laws must be made (the legislative function)2) laws must be administered (the

administrative or executive function)3) laws must be applied when disputes arise (the

judicial function). The distribution of these functions to different

bodies is known as the separation of powers. No one body holds absolute authority to

perform all the functions in the legal system.

Separation of Powers

Functions of Government

Executive

Cabinet and Ministers

JudicialLegislative

Separation of Powers Legislative Function= The power to make laws, which

resides with parliament.

Executive Function= The power to administer the laws and manage the business of government, which lies with the G.G as the Queen’s representative. However, in practice it is carried out by the ministers and Prime Minister.

Judicial Function= the task of applying the law. This function is given to the courts. The courts have the power to interpret the laws and to decide how these laws apply to individual cases. They enforce the law and settle disputes.

Judicial works independently, where as the Legislative and Executive work together.

Importing drugs—an example

Consider a person charged with the importation of heroin. Importation of an illicit drug is an offence under 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.

Reasons for the Separation of Powers

Why do you think we need a separation of powers?

Reasons for the Separation of Powers?

If all powers were given to a single body it would hold unlimited authority.

The separation of powers therefore provides a system of checks and balances against the possible abuse of power.

Protects the stability of government and the freedom of people.

Question time

Understanding the Separation of Powers Read the article ‘Are powers really separated?’ and answer the following

questions. 1 What is the principle of the separation of powers? In your answer

you should define the following terms:● judicial● legislative● executive. 2 Suggest reasons to justify why power should be separated. 3 How does the Commonwealth Constitution reflect the principle of

separation of powers? 4 To what extent is the function of the executive separate from the

function of the legislature? Explain. 5 Does the principle of the separation of powers apply to state

parliaments? Explain. 6 What is the Australian Parliamentary System based on? 7 Explain the term bicameral and how do we know Australia is based

on this system? 8 Under what circumstances does Federal government make laws as

opposed to state government?