The Parliament

Does turning ideas into law sustain community standards?

Objectives

Identify differences between state and

federal parliaments

Summarise the legislative process

Apply the issues arising in this topic to current political

events

History of parliament

Representative function of parliament

Last week Parliament as

forum for debate

Law-making function of Parliament

This week

Origin of legislative power

State (Qld) Commonwealth

Constitution Act 1867 (Qld), s2A Commonwealth Constitution, s1

(1) The Parliament of

Queensland consists of the

Queen and the Legislative

Assembly referred to in sections 1

and 2.

(2) Every Bill, after its passage

through the Legislative Assembly,

shall be presented to the

Governor for assent by or in the

name of the Queen and shall be

of no effect unless it has been

duly assented to by or in the

name of the Queen.

The legislative power of the

Commonwealth shall be vested

in a Federal Parliament, which

shall consist of the Queen, a

Senate, and a House of

Representatives, and which is

hereinafter called The

Parliament, or The Parliament of

the Commonwealth .

Remember: a

parliament for every

state and territory +

Commonwealth

Parliamentary supremacy is:

“The right to make or unmake

any law whatever and no person

or body may override or set aside

the legislation of the parliament.

”

A V Dicey

Diceyansovereignty

Parli can pass any law

No one but parli can change a

law

No parlibound by

predecessor

Implications

of Diceyan

parliamentary

supremacy/so

vereignty

Parliamentary sovereignty and the

relationship of Parliament and the

courts

Limits to parliamentary

power: Constitution

S51

s109

‘Peace, order & good governance’

S52 CthConst

Derived from Cth

Limits to constitutional

amendment

Cth constitution: referendum

Qld constitution: parliamentary amendment

Note entrenched

provisions in Qld

Constitution

http://www.arkive.org/mole/talpa-europaea/image-A20355.html

And the double

entrenchmentprovisions

http://ashfieldallotments.co.uk/index.php/double-digging/

Other limits on legislative power

Legislative standards

(Sampford)

legislation

Duly authorised

Improve people’s

livesWorkable

Live up to ‘ideals’ of

law

The

legislative

process

origin

preparation

Cabinet clearance

Parliamentary process

Royal assent

Origins

Promise

Policy

Community

Expert

Law reform commissionInquiry

Court case

Treaty

Unexpected event

Consider

examples

Regulatory impact

assessment

cost

Who is affected

What do other jurisdictions do?

Are there alternatives?

Cabinet and party clearance

http://john.curtin.edu.au/behindthescenes/cabinet/

Legislative drafting

Bill

Explanatory memorandum

Accord with legislative standards

Legislative drafting

Narrow or wide?

Clarity for users

Consequences

Exemptions?

Relationship with other law

How hard can

it be?

drafting

legislation

Draft a statutory provision to

address this issue:

What is ‘stealing’?

Criminal Code 1899 (Qld), s391 391 Definition of ‘stealing’

(1) A person who fraudulently takes anything capable of being stolen, or fraudulently

converts to the person's own use or to the use of any other person anything capable of being

stolen, is said to steal that thing.

(2) A person who takes or converts anything capable of being stolen is deemed to do so

fraudulently if the person does so with any of the following intents, that is to say--

(a) an intent to permanently deprive the owner of the thing of it;

(b) an intent to permanently deprive any person who has any special property in the thing of

such property;

(c) an intent to use the thing as a pledge or security;

(d) an intent to part with it on a condition as to its return which the person taking or

converting it may be unable to perform;

(e) an intent to deal with it in such a manner that it can not be returned in the condition in

which it was at the time of the taking or conversion;

(f) in the case of money--an intent to use it at the will of the person who takes or converts it,

although the person may intend to afterwards repay the amount to the owner.

(2AA) In this section--

special property includes any charge or lien upon the thing in question, and any right arising from or dependent upon holding

possession of the thing in question, whether by the person entitled to such right or by some other person for the other person's

benefit.

(2A) A person who has taken possession of anything capable of being stolen in such circumstances that the thing thereupon is

not identifiable is deemed to have taken or converted the thing fraudulently notwithstanding that the property in the thing has

passed to the person if, at the time the person transports the thing away, the person has not discharged or made arrangements

with the owner or previous owner of the thing for discharging the person's indebtedness in respect of the thing.

(2B) The presumption provided for by subsection (2A) is rebuttable.

(3) The taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment.

(4) In the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it

is at the time of the conversion in the possession of the person who converts it.

(4A) It is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of

it, or is otherwise authorised to dispose of the property.

(5) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not

deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the

owner, and believes, on reasonable grounds, that the owner can not be discovered.

(6) The act of stealing is not complete until the person taking or converting the thing actually moves it or otherwise actually

deals with it by some physical act.

(7) In this section--

owner includes the owner, any part owner, or any person having possession or control of, or a special property in, the thing in

question.

Parliamentary process

Notice

Introduction

3 readings + debate

vote

Notice

Introduction

3 readings + debate

vote

Lower house

Upper house

Deadlocks

Royal assent

Proposal for change

Proposal adopted by

govt(cabinet)

Govt instructs parliamentary

drafters

Govt reviews and approves

or returns to drafters

Minister introduces bill to parliament

1st reading: copies

provided to members

2nd reading: purpose;

explanatory memo

2nd reading debate 3rd reading

Bill is passed in lower house

Life cycle of an Act of

Parliament (lower house)

Life cycle of an Act of

parliament (Upper House)

Bill passed in lower house

First reading

3rd reading,Bill is passed

Royal assent by G-G

Bill is rejected, or amendments are

made by Senate

Amended Bill returns to lower

house (process resumes)

Reject/amend

2nd reading + debate

pass

Bill becomes law: now called an ‘Act’

Changing legislation

• Becomes part of the principal Act

Amend

Repeal

• Where subsequent legislation inconsistent with earlier legislation…

Implied repeal

Speech in parliament

Parliamentary privilege

Contempt of parliament

Role of the speaker

Think about the legislative

process…

Representation in a party system?

Photo: News Corp Australia | Brisbane Times

http://www.news.com.au/technology/online/governments-data-retention-bill-

passes-house-of-representatives/story-fn5j66db-1227269636398

Forum for debate?

Photo: Alex Ellinghausen | Sydney Morning Herald | 18 March 2015

http://www.smh.com.au/federal-politics/the-pulse-live/politics-live-march-18-2015-

20150318-1m1oiv.html

Evaluate the functions of parliament

Debate Representation Law making

Making legislation

Considerations Drafting Process

Parliamentary sovereignty

Meaning Limits

Origin of legislative power

State Commonwealth