Legal Fundamentals

Legal Fundamentals

Activity 8h

The Treaties Ratification Bill 2012

1. Bob Katter introduced a bill that would require any treaty to be approved by both houses of federal parliament before the Governor-General would be able to ratify (approve) it.

2. If the Treaties Ratification Bill had passed, it would have given much of the power to formally enter into treaties to the elected parliament instead of the members of Government only.

3. Katter believed that putting the responsibility onto our accountable and representative parliamentarians would ensure that a better standard of international agreement is made. When introducing the Bill, he said that treaties ought to be treated like laws because they have a legally binding effect. He also said that treaties have a direct impact on people, such as costing them jobs and/or job opportunities. Katter believed that treaties should be determined by the parliament after proper debate. This would enable “public awareness of what is being proposed and a thorough analysis of the consequences of what is being proposed”.

4. Responses will vary. Students might point out that the conclusion and adoption of international agreements does not follow a democratic process because the executive government has the power to enter into international agreements. However, students might point out that treaties are not binding on domestic law in Australia unless the Parliament legislates to implement them. Treaties are also often the subject of parliamentary debate once it becomes known that Australia is considering becoming a signatory.