Australian Constitution and Government

• Governance is a system or method of governing, detailing how a governing body is managed and controlled.
• The Constitution Act 1901 establishes legal and governance frameworks, outlining the separation of powers doctrine.
• Australia operates as a representative government, where elected members represent the public in parliament.

The Constitution

• The constitution outlines the powers, responsibilities, and roles of the governing body at local, state, and federal levels.
• It encompasses the High Court.
• The Constitution of Queensland was established in 2001.
• It represents a set of basic rules by which a country or state is governed
• It has 8 chapters and 128 sections, detailing the structure and powers of government.
• A bicameral parliament is established and defines responsibilities of federal government.

Key Features of the Australian Constitution

• A Bicameral Parliament exists with a legislature consisting of the House of Representatives and the Senate.
• The Legislature/Parliament has the power to change, make, and amend laws.
• The Executive, led by the Prime Minister and ministers, manages government departments and implements policies and laws.
• The Judiciary, including the High Court and other federal courts, makes judgements about laws.

Separation of Powers

• The first 3 chapters of the Constitution define the powers and responsibilities of each arm of government.
• Chapter 1 (s1-60) relates to Parliament.
• Chapter 2 (s61-70) relates to the Executive.
• Chapter 3 (s71-80) relates to the Judicature.
• Each of the 3 arms of government are separated, ensuring no singular body of government has complete control.
• Australia doesn't have a complete separation of powers, as some roles have overlaps such as that of the Prime Minister and Cabinet ministers

Key Sections

• Section 44 prohibits people with dual citizenship from serving in parliament.
• Section 51 sets out the legislative powers of parliament, giving it the perogative to make laws for the peace, order, and good government of the Commonwealth.
• Section 109 addresses inconsistencies that arise between the laws of the Commonwealth and those of the states.
• Section 109 states that when a law of a state is inconsistent with a law of the Commonwealth, the Commonwealth law shall prevail, and the state law shall be invalid to the extent of the inconsistency.
• Section 128 describes the process for altering the Constitution, which can only be done via referendum with majority support among electors in a majority of states.

Section 128: Mode of Altering the Constitution

• The Constitution can only be altered by a referendum.
• Alterations must receive absolute majority support from Parliament prior to the referendum.
• A successful referendum requires a majority of voters in a majority of states and a national majority vote of ‘yes'.
• Since 1901, there have been 19 referendums proposing 44 changes, with only 8 being successful.

Referenda

• Referenda involve hurdles and legal challenges that must be overcome before a change can be made.
• A challenge is getting changes approved by absolute majority in both houses of federal parliament, achieved best with bipartisan support.
• Another challenge is passing with a double majority, which has previously failed.
• Referenda presentation is important when explaining to voters

Single Majority

• Single majority is more than half of the members being present and voting in either the House of Representatives or the Senate.
• A bill being voted on in the House of Representatives needs more than half of the voters from the members present to pass.
• Double majority requires both a national majority and a majority in a majority of states.

Double Majority

• Double majority is specifically used for constitutional change
• Double majority requires a national majority and a majority in a majority of states to be constitutional
• Approval requires a national majority of voters from all states and territories, and a majority of voters in a majority of states, that being at least 4 out of the 6 states.
• Double majority ensures any constitutional change has widespread support accross the country, and not just in more populous states.

Differences

• Single majority is when more than half of members present are voting in either the House of Representatives or Senate
• Single majority is used for regular legislative processes in parliament, whilst double majority is reserved for constitutional changes.

Bicameral System

• Australia has a bicameral system, with the legislative branch split into two chambers or houses.
• These houses are known as the House of Representatives and the Senate
• The House of Representatives, being the lower house, is where proposed bills must first pass through.
• The Senate, being the upper house, has the same lawmaking powers as the House of Representatives, and can reject bills from the House of Representatives.
• If the senate rejects a bill from the HOR, the Governor-General may dissolve both houses.
• The senate uses proportional voting, making it difficult to obtain a majority of a certain party in the senate.
• The Senate is colloquially referred to as the House of Review

Advantages and Disadvantages of Bicameral System

• Advantages include checks and balances on the usage of government lawmaking powers, which keeps government responsible and accountable
• The system goes through debate and discussion, making laws passed likely to be representative of the peoples opinions, and any errors missed by the first chamber may be fixed up by the second chamber
• Disadvantages stem from when the senate and HOR are ruled by one party where laws that represent the interest of the party may easily pass and the system of checks and balances becomes ineffective
• Hostile or hung governments can make it difficult for laws to pass, and it can be time consuming especially when passing a law during times of emergency.

Unicameral System

• Queensland is the only state with a unicameral parliament, where the Upper House was abolished in 1922.
• Laws are passed more easily.
• Can lead to passing laws that are not representative of the state
• Laws are less effective if they only benefit the interests of one group

Specialist Courts

• Federal and Queensland courts are specialists
• Federal specialist couts:
• Federal Court of Australia handles civil matters under federal law such as bankruptcy
• Family Court of Australia handles matters regarding family disputes
• Federal Circuit Court of Australia handles matters regarding federal magistrate's court proceedings
• Administrative Appeals Tribunal conducts independent review of administrative decisions
• Queensland specialist courts include:
• Children's Court handles criminal cases of matters involving children
• Murri Court handles aboriginal and TSIP matters to prevent reoffending by addressing underlying issues
• Queensland Civil and Administrative Tribunal hears mediates civil disputes

Role of the High Court of Australia

• The High Court stands as the highest court in the Judicial system.
• Established in 1901 under section 71, it is the Judicial Power of the Commonwealth.
• Its main role is to interpret the Constitution.
• They hear trials of special federal significance including challenges to consitutional validity of law, international law, and appeals form the other courets that are of significant public interest.
• In a minor role, it sets the Creation of law in Australia.
• The High Court interprets the Constitution to ensure laws follow it, clarifies the meaning of the Constitution, and it is able to strike down laws exceeding Parliament's power.
• It settles disputes between states and government, and handles appeals as the highest court, ensuring uniform law application.

Parliament

• Parliament makes laws for the country and is elected by the public, ensuring democracy.
• Parliament has strengths such as being representative and structured, and weaknesses such as slow processes and political conflicts.
• Parliament struggles with delays and outdated laws.

Passing a Law

• In the House of Representatives, bills are introduced, debated, and voted on.
• Next the senate reviews, amends, and votes again on the bill.
• If all is approved, the Governor-General gives Royal Assent making it official law.

Parliament Strengths

• Supremacy of Parliament : It is the highest law-making body and can override common law.
• Representative of the People: Laws reflect the views of voters since members are elected.
• Thorough Debate: Laws are well-discussed and evaluated for effectiveness.
• Quick Response in Emergencies: Parliament can act rapidly during crises (e.g., pandemics, natural disasters).

Parliament Weaknesses

• Limited Power - Parliament is restricted by its constitutional jurisdiction.
• It may not represent everyone, and some groups in society may feel underrepresented as a result
• Its a Slow Process - Law-making is often time-consuming and inefficient.
• The Parliament experiances Political Conflict – A hostile or hung government can make law-making ineffective.

Representative Government

• Representative Government is when people elect representatives to make laws on their behalf, and ensures government reflects the will of the people
• It Requires elected officials to be accountable to voters with levels of Government that are Federal (MPs and senators), State (Members of the Legislative Assembly) and Local (Councillors).
• The government operates as a Bicameral System where the Federal Parliament has two houses (House of Representatives & Senate).
• States like QLD may instead have unicameral legislatures (one house).
• There is a Committee System where scrutinizes government activities and ensures proper legislation review.

Responsible Government

• Responsible Government A government that is accountable to the people and must maintain the confidence of parliament.
• Responsible Government is where Ministers must justify decisions to parliament, and the Government can be dismissed if it loses majority support.
• When no party has a majority, it becomes a Minority Government and a coalition or agreement is needed to govern

Governor General's Role

• S61 of the Constitution states ‘the executive power of the Commonwealth is vested in the King and is exercisable by the Governor General as the Kings representative'.
• The Governor General acts as a ceremonial head of state with specific constitutional and statutory powers who acts on the advice of Ministers with key constitutional duties.
• The Governor General presides over the Federal Executive Council, facilitating the work of the government.
• They dissolve Parliament and issue writs for a federal election and commission the Prime Minister, appointing ministers, and assistant ministers
• The Governor General holds possible exercising the Reserve Powers and issues writs, royal assent, issuing a royal commission of inquiry, double dissolution, issuing joint sittings and dismissal.