Factors Affecting Parliament’s Ability to Make Law

1. The Bicameral Structure of Parliament

• Definition: A bicameral parliament consists of two houses or chambers: an upper house and a lower house. In the Commonwealth Parliament, these are the Senate (upper house) and the House of Representatives (lower house). Victoria also has a bicameral system with the Legislative Council (upper house) and the Legislative Assembly (lower house).

• Purpose:

  • Acts as a check on parliament.
  • Allows for review and scrutiny of legislation.
  • Ensures broader representation of views.

• How it Works:

  1. A bill is introduced in either the House of Representatives or the Senate (except for money bills, which must start in the House of Representatives).
  2. The bill goes through several stages in the first house, including:
     • First Reading: Formal introduction of the bill.
     • Second Reading: Debate on the purpose and principles of the bill.
     • Consideration in Detail/Committee Stage: Clause-by-clause examination and amendment.
     • Third Reading: Final vote on the bill.
  3. If passed, the bill is sent to the other house, where it goes through a similar process.
  4. If the second house amends the bill, it returns to the first house for consideration of the amendments.
  5. If both houses agree, the bill is passed and presented to the Governor-General (Commonwealth) or Governor (State) for Royal Assent, becoming an Act of Parliament (law).

• Strengths:

  • Checks and balances: The bicameral structure ensures that laws are thoroughly reviewed by both houses, preventing hasty or ill-considered legislation.
  • Increased scrutiny: The upper house can scrutinize legislation passed by the lower house, potentially identifying flaws or unintended consequences.
  • Representation of different interests: The Senate, in the Commonwealth Parliament, is designed to represent the interests of the states and territories, providing a voice for regional concerns.

• Limitations:

  • Potential for gridlock: If the two houses are controlled by different political parties, it can lead to disagreements and delays in passing legislation.
  • Time-consuming: The need for a bill to pass through two houses can make the law-making process lengthy and complex.
  • “Rubber stamp” effect: If the government controls both houses, the upper house may simply approve legislation without significant scrutiny.

KEY TAKEAWAY: The bicameral structure is a fundamental aspect of the Australian parliamentary system, designed to provide checks and balances in the law-making process. However, it can also lead to delays and political gridlock.

2. International Pressures

• Definition: International pressures refer to the influences exerted by international bodies, treaties, agreements, and global opinion on a nation’s law-making.

• Types of International Pressures:

  • Treaties and Conventions: Agreements between nations that create legal obligations.
  • International Law: Principles and rules governing the relationships between states.
  • International Organizations: Bodies like the United Nations (UN), World Trade Organization (WTO), and International Court of Justice (ICJ) that can influence national laws.
  • Global Opinion: Pressure from other countries, international advocacy groups, and public opinion.

• How International Pressures Affect Law-Making:

  • Obligations: Parliament may need to pass laws to implement treaties and conventions that Australia has ratified.
  • Influence: International norms and standards can influence the content and direction of national laws.
  • Reputation: Failure to comply with international obligations or address global issues can damage a country’s international reputation.

• Examples:

  • Human Rights: Australia has ratified international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR), which require it to protect and promote human rights through its laws.
  • Environmental Protection: International agreements on climate change (e.g., the Paris Agreement) have influenced Australia’s environmental laws and policies.
  • Trade: WTO rules influence Australia’s trade laws and regulations.

• Strengths:

  • Alignment with international standards: International pressures can encourage parliament to align domestic laws with international norms and best practices.
  • Addressing global issues: International agreements can provide a framework for addressing global challenges, such as climate change, terrorism, and pandemics.
  • Improved international relations: Complying with international obligations can enhance a country’s relationships with other nations.

• Limitations:

  • Sovereignty: Some argue that international pressures can infringe on national sovereignty and the right of parliament to make laws according to its own priorities.
  • Political considerations: Governments may be reluctant to implement international obligations if they conflict with domestic political considerations or public opinion.
  • Enforcement: International law can be difficult to enforce, and there may be no effective mechanisms to ensure that countries comply with their obligations.

EXAM TIP: When discussing international pressures, provide specific examples of treaties or international bodies and explain how they have influenced Australian law.

3. The Representative Nature of Parliament

• Definition: The representative nature of parliament refers to the idea that parliament should reflect the views and values of the people it represents.

• Key Principles:

  • Free and Fair Elections: Regular elections allow citizens to choose their representatives.
  • Universal Suffrage: All eligible citizens have the right to vote.
  • Accountability: Parliamentarians are accountable to the people and can be voted out of office if they fail to represent their interests.
  • Responsiveness: Parliament should be responsive to the needs and concerns of the community.

• How the Representative Nature Affects Law-Making:

  • Public Opinion: Parliamentarians are influenced by public opinion when making laws.
  • Lobby Groups: Interest groups and advocacy organizations lobby parliamentarians to support or oppose certain laws.
  • Media: The media plays a role in shaping public opinion and holding parliamentarians accountable.
  • Petitions and Submissions: Citizens can petition parliament and make submissions to parliamentary inquiries to express their views on proposed laws.

• Mechanisms for Representation:

  • Elections: Regular elections ensure that parliamentarians are accountable to the people.
  • Parliamentary Committees: Committees conduct inquiries into specific issues and provide opportunities for public input.
  • Party Platforms: Political parties develop platforms that reflect their values and policy priorities, which guide their actions in parliament.

• Strengths:

  • Democratic legitimacy: Laws made by a representative parliament are seen as more legitimate and acceptable to the public.
  • Responsiveness to community needs: Parliament is more likely to address the needs and concerns of the community if it is representative.
  • Accountability: Parliamentarians are held accountable for their actions and can be voted out of office if they fail to represent their constituents.

• Limitations:

  • Influence of special interests: Powerful lobby groups and wealthy individuals can exert undue influence on parliament.
  • Tyranny of the majority: The interests of minority groups may be overlooked if parliament is dominated by the views of the majority.
  • Short-term focus: Parliamentarians may prioritize short-term political gains over long-term policy goals in order to win elections.

STUDY HINT: Create a table summarizing the strengths and limitations of each factor affecting parliament’s law-making ability. This will help you compare and contrast the different factors and evaluate their overall impact.