Category Archives: Parliament

Parliament as Law Makers – A question from Maddy

Hello All,

I am hoping that you are all studying hard. English is tomorrow and I wish everybody well for that. Im sorry I havent been posting more stuff Ive just been so mental.

I was asked by Maddy to provide some insite into Parliament as law maker evaluations. I was not able to track down a copy of this evaluation so I thought Id take the relevant excerpt from my notes. This is a sample of the Unit 3 summary that is avaliable on the Resources tab.

If you are interested in purchasing any of the notes send me an email on the contact form on the Resources tab and Ill work out a deal for you.

So here it goes:

Strengths and weaknesses of law making by parliament

  • Parliament is the supreme/sovereign law maker
  • Creates laws that encourage social cohesion
  • Primary Function
    • Create laws the rep the views and values of majority
    • And respond to our needs

Is our Parl representing the people?

  • +
    • On the whole, effective, creates laws that rep our views and values
    • Parliamentarians are given mandate to fulfil key principles
    • Laws may evolve/change
    • Example
      • Decrim of Abortion 2008 demonstrated parl willing to create laws that uphold democratic values of our community
    • Laws that rep our views and values achieved by voicing them through formal and informal means
    • Example
      • Petitions and VLRC, directly inform Parl of comm. Views and desire for change.
      • Jane Ashton, 20,000 abrogation of Provocation 2005
  • –
    • May be unwilling or unable to rep view and values in leg
    • May be restricted by vocal minorities who utilise informal means (media) to reduce chance of change
    • Example
      • Gina Rhinehard, mining tax quashed
    • May not rep as are voted along party lines and not conscience vote
  • Evenso, creates good laws that rep people, are supported by comm.

Create laws that respond to Commonwealth needs?

  • +
    • Can create laws ‘in futuro’ (for future) and also retrospectively.
    • Vic parl introduced Upskirting Act 2007 to guarantee that the law was overcoming loop holes and protecting privacy from infringement
    • Can create new laws or amend ineffective ones, codify good precedent.
  • –
    • Unwilling or unable to respond
    • If laws not up to date, create legal uncertainty
    • IVF was not legislated until 1982 (2 years after first IVF child)
    • Controversial suggestions may be rejected for fear of voter backlash.
    • Example
      •  Silent on abortion until 2008, had to rely on R v. Davidson 1969 to provide guidance
    • Even though formal bodies exist (VLRC) no guarantee of change.
    • Therefore may not respond to comm. Needs.
    • Limited further by no. of sitting days 2011 vic parl sat for only 54 days, unable to deal with quantity of legislation.

IS Parl effective due to its process?

  • One positive, Constitution provides detailed legal framework
  • Bicameral structure ensures extensive debate and review
  • As gov rarely controls both houses this is effective, in cases that gov does becomes rubber stamp. (ie Howard and Work Choices)

 

I hope this can give you a little help in your studies,

Regards,

JB