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VCE Legal Studies Glenvale School 2012

VCE Legal Studies Glenvale School 2012. Unit 3 LAW MAKING Parliament part ( i ). UNIT 3 ADVICE. School Assessed Coursework (SACS) = 25% Score Outcome 1 Structure and Role of Parliament – 25 Marks Outcome 2 The Constitution and Protection of Rights – 50 Marks

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VCE Legal Studies Glenvale School 2012

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  1. VCE Legal StudiesGlenvale School 2012 Unit 3 LAW MAKING Parliament part (i)

  2. UNIT 3 ADVICE School Assessed Coursework (SACS) = 25% Score • Outcome 1 Structure and Role of Parliament – 25 Marks • Outcome 2 The Constitution and Protection of Rights – 50 Marks • Outcome 3 The Role of Courts in Law Making - 25 Marks

  3. UNIT 3 ADVICE • Read the relevant sections of the VCAA Study design 2011-2015 • Ensure you have a copy of the exams and examiner’s reports for the last few years. • Obtain a copy of Mountford P, Walker C, Checkpoints 2011 VCE Legal studies Units 3 & 4 Cambridge University Press

  4. Unit 3 LAW MAKING OUTCOME • Explain the structure and role of Parliament. • Explain the processes and effectiveness of Parliament as a Law Making Body. • Describewhy Legal Change is required and how that change can be Influenced.

  5. Chapter 1 The Australian Parliamentary System • Note the legal terms on page 8 of the text. • Ensure you start a vocabulary book for this subject with the main definitions of the terms we will use. • Get into a habit of reading the material we will be covering in class before the lesson.

  6. Chapter 1 The Australian Parliamentary System • Australia 2012 • A constitutional monarchy • The Commonwealth of Australia Constitution Act 1990 (UK) • Constitution defn – The system of fundamental principals according to which a nation, state or body politic is governed (Macquarie dictionary)

  7. Chapter 1 The Australian Parliamentary System • Federation 1901 January 1st • Created the Federal System of Government • Australia has 6 State Parliaments 2 Territory Parliaments 1 Commonwealth Parliament • Realise the importance of the constitution and the ability of the Commonwealth Parliament to make laws under it.

  8. Chapter 1The Bicameral System Bicameral (In a Nutshell) - 2 houses of parliament. -Upper and Lower House. - Federal Parliament and States all have 2 houses except - Queensland, ACT and NT = 1 house

  9. The Bicameral System

  10. Commonwealth Parliament.Structure

  11. House of Representatives(Lower House) • Majority members of a political party form Government in this house. • Leader = Prime Minister • Government Ministers are appointed and hold portfolios (eg Education) • Opposition party has the second most elected members in an election • Leader = Opposition Leader • Shadow ministers watch their counterpart’s portfolio

  12. House of Representatives(Lower House) Main Role of the House of Reps • Initiate and Make laws (eg Carbon Tax) • Form Govt after an election • Responsible Govt (important) • Represent the people • Publicise and examine govt administration • Monitor govt expenditure (The Budget) Ok, we have just started the course, so how important is this information?

  13. VCE Legal Studies Exam 15 November 2012 3.00pm (70 marks) Question 7 A former member of parliament recently commented that ‘the use of media has been effective in influencing change in the law in recent times, given that parliament itself has weaknesses as a law maker.’ a. Explain how individuals or groups use the media to influence legislative change (with an example) 2 marks b. Evaluate two weaknesses of parliament as a law-maker 6 marks

  14. The House of Representatives.effectiveness p14 Realise the significance of political parties that have large majorities in the Lower House. • Proposed bills may be passed easily. • Changes that were promised during election campaigns will be easy to fulfil. Political parties with small majorities may face difficult times eg • Long debates and the chance the bill will fail. • Can’t fulfil election promises.

  15. The Senate(Upper House) The Important Points: Senators are elected for 6 year terms. Half of the senators are elected every 3 years. Each state has 12 senators. Each territory has 2 senators = 76 Senators Elected by proportional representation. (voters order of preference)

  16. Senate(Upper House) Main Role of the Senate: • Law making power similar to House of Reps • Can’t initiate money bills (taxes) • Passes laws that have been passed in the House of Reps (Lower House) then the bill receives Royal assent. • States are represented here thanks to the constitution = representative government • With its various committees, acts as a House of Review.

  17. The SenateHow it works! • Examines all bills closely that have been passed in the House of Reps. • This examination ensures that the government in the House of Reps is accountable for its proposed legislation. • Example: The Goods and Services Tax • Example: The sale of Telstra • Refer to advertisement for a public forum on the Senate Inquiry into the Social and Economic Impact of Rural Wind Farms.

  18. The SenateEffectiveness as a law maker • Governments that have a majority in the senate can pass legislation easily. • Hostile senates are a different matter. Some parliaments have senates that are controlled by the opposition. • Hostile senates require the government to persuade senators to back their legislation. Currently the Australian Labor party forms alliances with The Greens and Independent Senators.

  19. Exercises • Learning activity 1.1 page 10 All questions • Learning activity 1.2 page 17 All questions

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