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Australia's democracy is strengthened by the fact that its laws are made by representatives of the people. The power to make laws is shared between the Commonwealth Parliament and each state parliament. Laws in Australia are made by the Australian Parliament, which comprises the Senate and the House of Representatives. Bills are introduced by government ministers and are debated and voted on by members of parliament. They are then presented to the Governor-General or the Governor of Victoria for royal assent, after which they become an Act of Parliament, or a law. The Australian Law Reform Commission is a federal agency that reviews Australia's laws and provides recommendations to Parliament and the Government to implement changes.
| Characteristics | Values |
|---|---|
| Law-making body | Commonwealth Parliament and each state parliament |
| Law-making process | Bills are introduced by government ministers or other members of parliament; bills are debated and voted on; bills are amended and voted on again; bills are sent to the Governor-General or Governor of Victoria for signature or royal assent |
| Law enforcement body | Varies; includes sheriff's officers, responsible for enforcing warrants and orders issued by Victorian courts |
| Law enforcement principle | Rule of law, which states that all people are equal before the law and must obey it, and that laws apply to everyone, including lawmakers |
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What You'll Learn
The law-making process
Laws start as bills, which are proposals for new laws or changes to existing ones. Political parties introduce bills to turn their ideas into action. Most bills are first introduced in the House of Representatives by government ministers, but other members of parliament can also introduce their own bills, known as private members' or private senators' bills. Bills are drafted by the Office of the Chief Parliamentary Counsel. Once introduced, they are made public and debated. Members can make speeches for or against the bill, after which they vote on whether the bill should proceed to the next stage.
The bill is then examined clause by clause, with members asking questions and voting on each clause. Members can also propose amendments, which are voted on. This stage can be skipped if no amendments are proposed. After this, another vote is held to ensure a majority of members still approve of the bill. If the bill is passed with amendments, it is sent back to the Assembly for reconsideration.
Once approved by the Assembly, the bill is sent to the Legislative Council, where it goes through the same process of debate, examination, and voting. If the Council passes the bill with amendments, it is sent back to the Assembly. This process ensures that both the Assembly and the Council thoroughly review the bill.
Finally, the bill is presented to the Governor of Victoria for royal assent. Once royal assent is received, the bill becomes an Act of Parliament and is enforced as a law in Victoria. The new law comes into effect on the date specified in the legislation or, if no date is given, 28 days after receiving royal assent.
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Law enforcement
In Australia, the power to make laws is shared between the Commonwealth Parliament and each state parliament. The Australian Constitution grants the Australian Parliament the authority to create laws in specific areas, and these laws are enforced across the country.
The process of law enforcement in Australia involves multiple stages. Firstly, ideas for laws can come from various sources, including political parties, parliamentary committees, or citizens who propose ideas to their local members of Parliament. These ideas are then drafted into bills, which are proposals for new laws or changes to existing ones. Bills are scrutinised and debated in Parliament, where members can propose amendments and vote on each clause. The bills must be agreed upon by both the Senate and the House of Representatives, and they can also be examined by committees to ensure compliance with human rights commitments. Once a bill is approved by the Parliament, it is signed by the Governor-General or the Governor of Victoria, depending on whether it is a federal or state law. The law then comes into effect on the date specified or, if no date is given, after a set number of days.
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Common law
In the context of Australian law, common law plays a significant role in protecting human rights principles, including the rule of law. While Australia does not have a Constitutional Charter or Bill of Rights, common law courts have the power to uphold human rights and ensure that all citizens are treated equally before the law. This presumption of equality includes fundamental rights recognised by common law, such as the right to privacy and freedom of association.
Additionally, common law in Australia also incorporates international law obligations. Where a statute or subordinate legislation is ambiguous, Australian courts favour interpretations that align with the country's obligations under international treaties or conventions. This reflects the presumption that Parliament intends to fulfil Australia's commitments under international law.
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The Australian Constitution
The Constitution was drafted between 1891 and 1898 at a series of conventions attended by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The 1891 draft was submitted to colonial parliaments but lapsed in New South Wales, leading to a new convention in 1897-1898 that produced a new draft with added provisions for responsible government. This final draft was then approved by each state in referendums from 1898 to 1900.
The Commonwealth of Australia Constitution Act became law after receiving royal assent on July 9, 1900, and took effect on January 1, 1901. The Act authorised Queen Victoria to proclaim the act of federation, uniting the six British colonies into a single federated nation. The Constitution is divided into eight chapters and 128 sections, outlining key features of Australia's system of government, including the Australian Parliament, a bicameral Parliament with two houses, six state governments, power-sharing arrangements, and the High Court of Australia as the final court of appeal.
The Constitution establishes the "rule of law," a key feature of Australia's democracy and legal system. This principle states that all people are equal before the law and must obey it, including those who make the laws. It ensures that laws are easily accessible, understandable, and enforced, protecting citizens' rights and ensuring equal treatment under the law. The "rule of law" limits the powers of the Parliament, the Executive, and the Judiciary, allowing the courts to hold these branches accountable for their actions.
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The role of Parliament
The Australian Parliament plays a crucial role in the country's law-making process. The power to make laws is shared between the Commonwealth Parliament and each state parliament. In Victoria, for example, laws originate from the Australian Constitution, federal legislation, Victorian legislation, and common law. Common law is developed by judges as they decide cases, drawing on previous decisions for guidance.
Political parties in Parliament introduce bills to turn their governing ideas into action. Most bills are first introduced in the House of Representatives, as money and taxation bills cannot be introduced in the Senate. Government ministers typically introduce these bills, but other members of parliament can also propose their own, known as private members' or private senators' bills.
Once a bill is introduced, it undergoes several stages of debate and examination. Members can question the responsible minister or member and vote on each clause, proposing amendments that are also put to a vote. This stage can be skipped, and if the bill passes with amendments, it is sent back for reconsideration. Another vote is held as a final check to ensure a majority still approve.
After passing through the Assembly, the bill moves to the Legislative Council, where it undergoes similar scrutiny. Senate and House committees investigate the bill, gather feedback from Australians, and make recommendations. The Joint Committee on Human Rights checks all bills to ensure they meet Australia's human rights commitments.
If the Council approves the bill, it is presented to the Governor or Governor-General for royal assent. Upon receiving royal assent, the bill becomes an Act of Parliament, a law that applies to all people at all times. The Australian Constitution grants Parliament the authority to make laws in specific areas, and these laws must be easy to understand and accessible to all citizens.
The rule of law is a key feature of Australia's democracy and legal system, ensuring that all citizens are equal before the law and subject to its authority. The separation of powers limits the Parliament, the Executive, and the Judiciary, with the High Court of Australia determining the limits of Parliament's law-making powers. This safeguard protects citizens from the arbitrary exercise of power.
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Frequently asked questions
The 'rule of law' is a key feature of Australia's democracy and legal system. It establishes that all people are equal before the law and must obey it. The rule of law also ensures that laws apply to everyone, including those who make them, and that citizens are free from arbitrary arrest, imprisonment, or trial for breaking an unknown law.
Laws are made by representatives of the people in Parliament. The power to make laws is shared between the Commonwealth Parliament and each state parliament. Laws start as bills, which are proposals for a new law or a change to an existing law. Bills are introduced by government ministers or other members of parliament, and they must be agreed upon by both the Senate and House of Representatives. They are then signed by the Governor-General and become Acts of Parliament.
The process involves several stages, known as readings. First, the bill is introduced, and then it is made public for the first time. After a pause for members to read and consider the bill, it is debated, and members vote on whether it should go to the next stage. The bill is then examined clause by clause, and members can propose amendments, which are voted on. Another vote is held to ensure a majority of members approve of the bill. The bill then receives Royal Assent and becomes an Act of Parliament.
The Australian Constitution gives the Australian Parliament the power to make laws in specific areas. It also defines how laws are shared between the Federal Parliament and state parliaments, such as the Victorian Parliament.
Laws are enforced through the legal system, which includes the courts, the Judiciary, and law enforcement agencies. The Judiciary is independent and impartial, ensuring that the law is applied fairly and justly. The courts can hold the Parliament and the Executive accountable if they act unlawfully.
