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The power of the government(s)

The power of the government(s). …and boat people. Power of…. Three arms of government (in the Constitution) Executive (Cabinet) Legislature (Parliament) Judiciary (The Courts) Political parties. Executive (cabinet). The Ministers Set policy Run Departments Put laws intro practice

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The power of the government(s)

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  1. The power of the government(s) …and boat people

  2. Power of… • Three arms of government (in the Constitution) • Executive (Cabinet) • Legislature (Parliament) • Judiciary (The Courts) • Political parties

  3. Executive (cabinet) • The Ministers • Set policy • Run Departments • Put laws intro practice • Executive is currently the Labor Government led by Julia Gillard • It is a minority government (Party does not have majority of seats in lower house but has support of majority of house [ie. Independents])

  4. Legislature (parliament) • Members of Parliament (MPs) • House of Representatives (lower house) • Represent the people • Senators • The Senate (upper house) • Represent the States • Makes and passes legislation (laws) • must pass upper and lower house

  5. Responsible government • The EXECUTIVE should be the party with the majority of seats in the lower house of the LEGISLATURE (The House of Representatives).

  6. Responsible government • The EXECUTIVE should be the party with the majority of seats in the lower house of the LEGISLATURE (The House of Representatives). • This means the LEGISLATURE passes law that the EXECUTIVE wants to implement. • This means the government is acting on behalf of the majority of the people.

  7. judiciary • The Courts • The High Court is the number one court in Australia (under the Constitution) • The High Court has the jurisdiction to ensure all legislation adheres to the Constitution and that the enforcement of laws matches the relevant Act • The High Court has the jurisdiction to ensure the EXECUTIVE does not extend its powers beyond executive powers • The EXECUTIVE cannot pass laws • The EXECUTIVE cannot act as a court

  8. Boat people • Tampa • “We will decide who comes to this country and the circumstances in which they come.” – John Howard, October 2001 • Introduces Pacific Solution

  9. Boat people • Labor wins election in 2007 and becomes EXECUTIVE. • Rudd ‘softens’ approach to asylum seeker. • Night before Rudd ousted: “This government will not be lurching to the right on the question of asylum seekers, as some have counselled us to do.” — Kevin Rudd, June 23, 2010 • Day Gillard annoited: “I am full of understanding of the perspective of the Australian people that they want strong management of our borders and I will provide it.” — Julia Gillard, June 24, 2010

  10. Malaysian solution • Julia Gillard had to look for something that was hardline but not the Pacific Solution • So she found the Malaysian Solution • May 2011 Gillard announced that Australia and Malaysia were finalising an arrangement to exchange asylum seekers. • Gillard and Immigration Minister Chris Bowen said they were close to signing a bilateral agreement which would result in 800 asylum seekers who arrive in Australia by boat being taken to Malaysia instead. Australia will take 4,000 people from Malaysia who have previously been assessed as being refugees.

  11. Challenge in the high court • Human Rights Lawyer David Manne challenged the Malaysian Solution policy on behalf of asylum seekers being deported to Malaysia • The grounds of the case were that the Malaysian Solution (an EXECUTIVE policy) was contrary to the Migration Act (Legislation passed by the LEGISLATURE). • The EXECUTIVE can only execute policy that relates to a specific piece of legislation. Acting outside the legislation is unlawful.

  12. High court decision • The High Court found the Malaysian Solution was invalid under the Migration Act

  13. High court decision and gillard’s reaction

  14. What can labor do now?

  15. What can labor do now? • Amend Migration Act so Malaysian Solution is valid

  16. What can labor do now? • Amend Migration Act so Malaysian Solution is valid • Or have only onshore processing (electorate no likey)

  17. What can labor do now? • Amend Migration Act so Malaysian Solution is valid • Or have only onshore processing (electorate no likey) HOW CAN LABOR DO THIS?

  18. What can labor do now? • Amend Migration Act so Malaysian Solution is valid • Or have only onshore processing (electorate no likey) HOW CAN LABOR DO THIS? • Needs support of Independents in lower house

  19. What can labor do now? • Amend Migration Act so Malaysian Solution is valid • Or have only onshore processing (electorate no likey) HOW CAN LABOR DO THIS? • Needs support of Independents in lower house • Needs support of Greens or Liberals in the Senate

  20. What Labor did…

  21. Political parties • Greens hate any offshore processing • Liberals have fetish for Nauru and Pacific Solution (and saying no to Labor wherever possible) • Labor currently has NO SOLUTION

  22. Governmental power (?) • How does the example of the Malaysia Solution show the power (and its limits) of the: • Executive • Legislature • Judiciary • Political parties? • Why are the executive, legislature and judiciary separated in the Australian Constitution? • Does this separation of powers help or hinder democracy?

  23. On your blog by end of monday

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