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1.10 – Strength and weaknesses of parliament as a law-making body

Parliament is our supreme law maker?

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1.10 – Strength and weaknesses of parliament as a law-making body

VCAA 2006 (Q13)HTTP://WWW.VCAA.VIC.EDU.AU/DOCUMENTS/EXAMS/LEGALSTUDIES/LEGALSTUDIES_ASSESSREP_06.PDF

VCAA 2010 (Q11)HTTP://WWW.VCAA.VIC.EDU.AU/DOCUMENTS/EXAMS/LEGALSTUDIES/LEGALSTUDIES_ASSESSREP_10.PDF

‘Parliament is a very effective law-maker. There are no significant weaknesses in the way parliament carries out this role’

Discuss this statement and indicate the extent to which you agree or disagree with it. Justify your conclusions (10 Marks)

A member of parliament recently declared that parliament has no weaknesses and should be the only law-maker in Australia.

Critically Evaluate parliament as a law-maker. In your answer, describe one aspect of the relationship between parliament and the courts in law-making(10 Marks)

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Strength and weaknesses of parliament as a law-making body The primary role of parliament is to make laws.

As a general rule, parliament makes laws in futuro (Laws made for the future with the future in mind) Keeps people informed

Parliament may not always be able to foresee future circumstances when drafting law. i.e., changes in technology, society expectations, unexpected events such as terrorists attacks.

The role of the courts is to interpret the law made by parliament and resolve cases that come before the courts.

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Elements of an effective law include

reflects current views and attitudes well publicised and promoted framed after investigation and

community consultation well drafted resources available to implement new

laws able and willing to be enforced.

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Strengths of parliament as a law-maker include:

law-making is its primary role it is a democratically elected body it has the techniques and resources to investigate

problems it can introduce wide-sweeping changes to the law it can establish, staff and fund organisations to

support the law it has processes to ensure consultation and debate it can delegate some powers to subordinate bodies

like local councils, who might better judge local needs.

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Strengths of Parliament as a law-maker

Access to expert opinion

Parliament can allocate resources to:Access current and relevant information/data from a variety of sources. Gain access to subject matter expertsForm committees to conduct researchUtilise law reform bodies such as VLRC Sentencing Advisory Council Parliamentary Law Reform Committee Law Institute of VictoriaCommunity legal centres (FLS)

Consultation with the Public

Process such as;Public Inquiries Parliamentary CommitteesFormal law reform bodies such as VLRC All have provisions for any member of the public to express their view of law reform.

Informal methods such as Petitions, Protests can also force parliamentary notice to an issue hence provide a forum to be heard.

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Strengths of Parliament as a law-maker

Legislating on an entire topic

Parliament is able to delegate aspects of its law making powers to delegated authorities such as Vic Roads. BUT Parliament has the power to legislate all traffic related matters applicable to Victoria.

Being able to legislate an entire topic provides certainty, continuality and comprehensiveness of an issue at hand

Responsive and Flexible

Society views and expectations can change for a variety of reasons.

Unexpected and/or events of high public interest can and do occur at any given time. Brodies LawDangerous Dog LegislationFloods

Parliament is expected to respond to events as they occur. Due to this, Parliament must be responsive to society requirements and , good of the nation/state events. As such legislation may be required to be implemented/changed.

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Strengths of Parliament as a law-maker

In Futuro

To cover future events

Allows society to be informed of forthcoming legislation Provides opportunity for awareness campaigns and education.

Tries to alleviate, IGNORANCE IS NO EXCUSE

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Weaknesses of parliament as a law-maker include:

difficulties with interpretation of legislation difficulty keeping the laws up to date division of power between Commonwealth and

states pressure groups can have undue influence most legislation is a compromise legislation can encroach on civil liberties volume and complexity make it difficult to find

the law problems with delegating legislation to other

bodies.

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Weakness of parliament as a law-maker

Fear of voter backlash

Politicians are conscious of public opinion.

Controversial issues are sometimes not addressed due to fear of loosing votes.

Votes = Government.

Bicameral Structure

Government may not control both houses of parliament

Political agendas can and do delay/inhibit legislation

Vote scoring could be main agenda for a political party not the legislation.

If Government controls both houses issues of responsible government may be diminished. Vigorous Debate? Rubber Stamp??

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Weakness of parliament as a law-maker

Parliament not sitting

Relative low number of sitting days can cause delays in reform or legislation progress(2014 – 72 Days) - HORhttp://www.aph.gov.au/About_Parliament/Sitting_Calendar/Sitting_calendar_2012-text_version

http://www.aph.gov.au/About_Parliament/Sitting_Calendar/Sitting_calendar_2013-text_version

Parliament tries to offset this by delegating some of its law making authority to subordinate authorities who work year round. i.e., Councils

Drafting Legislation

Words within a Bill may not be clearly defined or expressed correctly (Such as the intent of the legislation) which can cause delays in prosecutions.

i.e., Statutory Interpretation required by Courts. Could lead to Precedent/Common law

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Weakness of parliament as a law-maker

Inconsistencies between states

Uniform laws across states within our nation is a rarity.

Whilst the intent of certain legislation may be the same, offices may be named differently and/or have differing points of proof in order to prove a matter at hand. i.e., traffic matters such as age of licences, road worthies, evidence act requirements.

Questions 1 – 4 (Page 40)

Make sure you complete question 4