the factors that affect the ability of parliament to make law (the bicameral structure, the representative nature of parliament, and political pressures)

What this dot point is asking

VCAA wants you to explain the factors that influence how effectively parliament can make law: the bicameral structure, the representative nature of parliament, and political pressures. For each factor you should be able to show how it both assists and limits lawmaking. Expect a 5-8 mark medium response, often asking you to analyse or evaluate one or more factors.

The answer

The bicameral structure

Most Australian parliaments are bicameral: they have two houses. The Commonwealth Parliament has the House of Representatives (the lower house) and the Senate (the upper house). The Victorian Parliament has the Legislative Assembly and the Legislative Council. A bill must usually pass both houses (and receive royal assent) to become law.

• How it assists lawmaking. The second house acts as a house of review, scrutinising bills passed by the lower house, debating them, and referring them to committees. This improves the quality of legislation and provides a check on the government.
• How it limits lawmaking. Where the government does not have a majority in the upper house, the upper house can delay, amend or block legislation, even legislation the government was elected to pass. Conversely, where the government controls both houses, the upper house may become a "rubber stamp" that provides little genuine review.

The representative nature of parliament

Members of parliament are elected by the people and must face re-election. Parliament is intended to represent the views and values of the community.

• How it assists lawmaking. Members who wish to be re-elected have an incentive to make laws that reflect the views of their electorate, keeping the law responsive to community values and democratically legitimate.
• How it limits lawmaking. Parliament may be reluctant to legislate on issues that lack majority support or that are unpopular, even where reform is needed. It can neglect the interests of minorities who lack electoral weight. Between elections, parliament reflects the views expressed at the last election rather than current opinion, so the law can lag behind changing community attitudes.

Political pressures

Lawmaking is shaped by political pressures from inside and outside parliament: party discipline, the influence of cabinet, pressure groups, lobbyists, the media, and international obligations.

• How it assists lawmaking. Pressure from interest groups and the media can place important issues on the agenda and prompt timely reform (for example, sustained campaigning on family violence contributed to the establishment of the Royal Commission into Family Violence in Victoria and subsequent reforms).
• How it limits lawmaking. Party discipline can require members to vote on party lines rather than on the merits or the views of their electorate. Governments may avoid politically risky reform, or rush legislation to respond to a crisis or media campaign, producing poorly considered law. Well-resourced lobby groups may have disproportionate influence.

Pulling the factors together

These factors interact. A government with a strong lower-house majority but no Senate majority may find its representative mandate frustrated by the bicameral structure; political pressure from a media campaign may push parliament to legislate quickly despite the review role of the upper house. A good answer shows that each factor can both help and hinder, depending on the circumstances.

Examples in context

Example 1. A hostile Senate and the bicameral factor. A federal government wins the House of Representatives but not a Senate majority. To pass its budget measures it must negotiate with minor parties and independents in the Senate, which amend or reject parts of the package. The bicameral structure here both provides review and limits the government's ability to implement its mandate, showing the factor cutting both ways.

Example 2. Political pressure prompting reform. Sustained community concern, media attention and advocacy on family violence contributed to the Victorian Government establishing the Royal Commission into Family Violence (2015-2016), whose recommendations led to a large program of legislative reform. This shows political pressure assisting lawmaking by placing an issue firmly on the agenda.

Try this

Q1. Identify the three factors that affect the ability of parliament to make law. [3 marks]

• Cue. The bicameral structure, the representative nature of parliament, and political pressures.

Q2. Explain how the bicameral structure of parliament can both assist and limit lawmaking. [4 marks]

• Cue. Assist: the upper house acts as a house of review, scrutinising and improving bills. Limit: a hostile upper house can block or delay legislation, while an upper house controlled by the government may rubber-stamp it.

Q3. Evaluate the extent to which the representative nature of parliament strengthens its ability to make law. [6 marks]

• Cue. Strengths: elected members are accountable and responsive to community values; democratic legitimacy. Weaknesses: reluctance to pass unpopular but needed reform, neglect of minorities, lag between elections. Reach a defensible judgement.