Legal Fundamentals

Legal Fundamentals

Activity 9a

Evaluation of parliament’s ability to make law: the roles of thehouses

  1. The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the impact of the roles of the houses of parliament on the ability of parliamentto make law requires students to write about relevant factors enabling parliament and relevant factors limiting parliament. Students should focus on arguments related to both houses. Responses will vary according to the arguments selected.

2.The task word ‘analyse’ requires features or concepts to be broken down and shown how they relate to each other. It may require both sides of the question to be addressed to some extent, and a clear opinion to be provided. In this case, a clear opinion on the impact that two roles of the lower house can have on the ability of parliament to make law should be given.

3.For example, in relation to forming the government, most bills are introduced where the ministers responsiblefor them can be questioned and challenged. This enables theparliament to make law in a more informed way. However, new bills will infrequently be scrutinised or amended properly in their place of introduction, because of the Government majority. This limits the lower house being able to make law that counters executive policy or takes into account a wider range of perspectives.

4.The task word ‘analyse’ requires features or concepts to be broken down and shown how they relate to each other. It may require both sides of the question to be addressed to some extent, and a clear opinion to be provided. In this case, a clear opinion on the impact that two roles of the upper house can have on the ability of parliament to make law should be given.

5.For example, in relation toacting as a house of review, the lack of Government control usually results in better scrutiny and fewer bills being pushed through without amendment. Crossbenchers often hold the balance of power and can be more responsive to the public’s needs because they don’t have a party machine to support them. However, if the Government does control both houses of parliament, then the Senate may merely approve the legislation passed by House of Representatives without adequate review and scrutiny.

6.The task word ‘evaluate’ require students to consider both sides of something, as well as express an opinion judging the relative strengths of the arguments. For example, a student might argue, based on evidence, that while the roles of the lower house do limit the parliament from always being able to legislate, these roles do largely enable the parliament to make law. In this case, ‘evaluating’ parliament’s ability to make lawrequires students to write about relevant factors enabling parliament and relevant factors limiting parliament in relation to the roles of the lower house.

7.For example, in relation to forming the government the connection between the Government and the parliament results in law-making being more efficient. The parliament is able to make law efficiently becausegovernment policy will be supported by the lower house. However, new bills will infrequently be scrutinised or amended properly in their place of introduction, because of the Government majority. This limits the lower house being able to make law that counters executive policy or takes into account a wider range of perspectives. This is made even worse if the Government is skillful at making “back room” deals with the Opposition.