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Legislative Function of the Commonwealth Parliament

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Legislative Function of the Commonwealth Parliament
PAL 3A ESSAY
By Dylan Morris
Essay question: Discuss the legislative function of the Commonwealth Parliament in theory and practice.

The Australian Commonwealth Parliament was established in our Constitution, which came into effect on the 1st January 1901, when Australia became a Federation. The Constitution is the set of basic law by which the principles, powers and processes of our political system. Australia has a minimalist Constitution meaning we heavily rely on Conventions of the Westminster System. Conventions are the unwritten practices, processes and procedures of the political system which has general acceptance and is consciously followed in society. In theory and practice the ways in which the Commonwealth Parliament functions differs drastically. The legislative function of the Parliament focuses mainly on the activity of debating, scrutinizing and enacting statutes.

The legislative function of the Commonwealth Parliament specifies that Parliament should initiate, deliberate and finally pass legislation. The legislative function is a key role of elected Parliaments. For legislation to be seen as legitimate in democracy it must allow for wide ranging input. In practice the Government does not allow for many opportunities to debate or scrutinize bills and suppresses most available opportunities for this. The legislation does not always allow for wide ranging input as most of the decisions are made by the Cabinet. Party control of the House of Representatives enables the Government to use parliamentary procedures to limit the disapproval from members of the House and to speed up the passage of a bill. The legislation must also be subject to effective scrutiny in its passage through parliament. In reality the Cabinet, mainly the Prime Minister, controls the debate with the use of guillotine and gag to limit time for debate and to allow flood gating of bills. The decline of parliament thesis argues that parliament is merely a rubber stamp for

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