Legislature The legislature is responsible for making laws. At the federal level, two houses of parliament make up the legislature: the Senate (the upper house) and the House of Representatives (the lower house). There are 76 senators who represent states and territories in the Senate. There are 12 senators from each state and two senators each from the Australian Capital Territory and Northern Territory. There are 151 members of the House of Representatives each representing their relevant electorate within Australia. To become a law, a proposed law must be debated and undergo a number of readings and a majority vote by both houses of parliament.
FIGURE2 Inside the federal (a) House of Representatives and (b) Senate in Canberra, Australia
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Executive The executive is responsible for approving and enforcing laws. It is made up of the King’s representative in Australia, the governor-general, as well as the prime minister, opposition leader and all other ministers. While the governor-general has the official authority to appoint the prime minister and suggest an appropriate time for an election, they typically do so based on the advice given by the prime minister. The prime minister works on selecting the ministers and their supportive role to promote the successful implementation of a relevant law. Government bodies and agencies also support the enforcing of law. These include positions of authority such as the police, tax officers and the human rights commissioner. Judiciary The judiciary is responsible for making decisions in applying the law appropriately. On a federal level, it is made up of the High Court of Australia and other federal courts. One of the major functions of the High Court is to interpret the Constitution. The High Court may rule a law to be unconstitutional — that is, beyond the power of the Parliament to make. To interpret legislation, the judiciary looks at the text, context and the legislative purpose through official records of Parliament. While each branch of government is given the power to function independently, it is important to note that a balance of powers and specific responsibilities ensures that no single branch of government becomes too powerful. An example is evident between the judiciary and the legislature. The High Court can review laws passed by the legislature, ensuring they align with the Constitution and preventing the legislature from overstepping its authority. Another example occurs within the legislature branch. If the House of Representatives passes a Bill (a proposed law), the Senate acts as a house of review and has the power to reject it or propose changes. This ensures both houses of parliament must agree on legislation, preventing one house from having control over the lawmaking process.
TOPIC17 Australia’s government and democracy 511
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