1.) predict your score for your SAC - PowerPoint Presentation

Slide1

1.) predict your score for your SAC 2.) list at least one reason why you believe this is what you got for example did you study before the SAC? Did you send in answers for Ms Hawkins to mark? Slide2

Evaluating Parliament as a Law-MakerSlide3

Activity What words other than evaluate, require you to evaluate?Slide4

Think pair share Slide5

With all the knowledge that you have gained about parliament and the way in makes laws, think for 30 seconds about the pros and cons (strengths and weaknesses) of parliament as a lawmakerNow talk with your group about it and brainstorm your ideas onto the paper provided

Now share it Slide6

Although parliament has some significant strengths in law-making it does not always get it rightParliament is the sup

reme law maker and has at its disposal a variety of mechanisms that allow it to represent the interests of the people Slide7

How does this relate to the exam/SACThe end of year exam will often ask a question requiring you to evaluate parliament as a law maker

Evaluating an issue involves considering the advantages or strengths of the issue, as well as considering the corresponding disadvantages or weaknesses of the issue, and

making a judgment or argument

about whether the advantages outweigh the disadvantages or vice versa, or if, for example in this situation, parliament is still an effective law-maker despite its weaknesses

You must match up strengths with relevant weaknesses Slide8

StrengthsSlide9

Law making is Parliament’s primary roleSince law making is its chief function, it has strict procedures for the enactment of legislationIt can act quickly to introduce new laws

It has access to expert opinion to gather data from a variety of sources to ensure informed decisions about legislation Slide10

Parliament is democratically electedMembers of parliament are elected into office by community to represent them in law making (representative government)

Parliament is therefore

responsible

and answerable to the people

If people are dissatisfied with the representation given by a member of parliament then that member might face being voted out next election Slide11

Able to undertake investigationsParliament has committees and the power to establish investigative commissions to inquire into problems of law This also allows for public participation in law-making Slide12

Parliament can pass laws in futuroThat is, with the future in mindIt may anticipate a potential future situation and legislate to try and prevent or control it

The community is kept informed of these changes

In…Slide13

Parliament has set processes to ensure time and debate on new proposalsAny proposed bills go through debate and discussion process in one or both houses

This ensures all political parties and individual members have opportunity to voice concerns and views on behalf of their constituents

Furthermore, the process of a bill through parliament lessens the chance of unjust or unclear laws being passes Slide14

Parliament can delegate law making powers to subordiate authorities

Through enabling acts, parliaments give subordinate authorities power to make laws

These are expert bodies that are able to make necessary technical or

specialised

laws required in their area of jurisdiction

They have benefit of local knowledge

Closer and more accessible to public

This saves parliament time

Parliament has processes to check this delegated legislation Slide15

WeaknessesSlide16

Parliament is not always sitting, which means that the passage of important legislation may be delayed during parliamentary recessesMembers of parliament are subject to political influence

-this could mean parliament is preoccupied with passing popular laws, rather than necessary but controversial laws

Parliamentary investigations and consultations on issues are

time consuming and expensive

and could delay legislative changeSlide17

Parliament cannot be expected to be able to foresee all future situations or community needs and legislate accordingly Parliament can also make laws retrospectively, which is legislation that is applicable to situations that occurred before the passage of a bill-this may result in an unfair situation if a person did something that is lawful at the time, but becomes unlawful at a later dateSlide18

The government by definition hold the majority of seats in the Lower House of Parliament If it also hold majority in upper house, there is a danger of “

rubber stamp

” effect

This means that a bill passes automatically if government members vote on party lines

On contrast if the party/coalition that holds government in the lower house does not have majority in the upper house then it can become a

hostile upper house

– where bills are rejected based upon policies rather than what is necessary for the community Slide19

By delegating power to subordinate authorities, parliament is giving up law making power to unelected, undemocratic bodies.Laws are passed quickly, but this is due to lack of debate in law-making processSlide20

Strengths of parliament as a law-maker

Weaknesses of parliament as a law-maker

Law making is Parliament’s primary role

-

has

strict procedures for the enactment of legislation.

It can act quickly to introduce new laws. It has access to expert opinion to gather data from a variety of sources to ensure informed decisions about legislation

Parliament is not always sitting, which means that the passage of important legislation may be delayed during parliamentary recesses

Parliament is democratically elected -

Members of parliament are

elected into office

by community to represent them in law making (representative government)

Members of parliament are subject to

political influence

-this could mean parliament is preoccupied with passing popular laws, rather than necessary but controversial laws

Parliament can abrogate common law –

if they feel that a court has made an error in their decision in a case they can override this decision for example in the

Trigwell

case. Alternatively they can also codify their decision and pass law to implement it

Parliamentary investigations and consultations on issues are

time consuming and expensive

and could delay legislative changeSlide21

Strengths

Corresponding

w

eaknesses

Parliament can pass laws

in

futuro

-

That is, with the future in mind.

It may anticipate a potential future situation and legislate to try and prevent or control it. The community is kept informed of these changes

Parliament cannot be expected to be able to foresee all future situations or community needs and legislate accordingly

Parliament has set processes to ensure time and debate on new proposals

-

Any proposed bills go through debate and discussion process in one or both houses

This ensures all political parties and individual members have opportunity to voice concerns and views on behalf of their constituents.

Rubber stamp effect –

if the same party is

in power in the upper house as is in the lower house, bills will not be debated fully and may just be passed through due to party policy/voting along party lines

Hostile

upper house –

if the opposition is in power in the upper house, it is their prerogative to disagree with the opposing party’s policies therefore they are likely to reject most bills meaning important legislation does not get passed

Strength

Weakness

Parliament can abrogate common law –

if they feel that a court has made an error in their decision in a case they can override this

decision.

Alternatively they can also codify their decision and pass law to implement it

–

eg

Native Title

Parliamentarians

are often concerned more with re-election that creating necessary laws, leaving this up to the courts, as seen in Abortion law. Slide22

Strength

Weakness

Parliament can abrogate common law –

if they feel that a court has made an error in their decision in a case they can override this decision for example in the

Trigwell

case. Alternatively they can also codify their decision and pass law to implement it

Parliamentarians

are often concerned more with re-election that creating necessary laws, leaving this up to the courts, as seen in Abortion law. Slide23

Once again…In relation to this topic, it is often a large mark question that will be asked on a SAC or in the examKnow a variety of strengths and their corresponding weaknesses

DO NOT forget to evaluate. That is, to make a judgment on whether or not, despite its weaknesses, parliament is STILL an effective law-maker

Even though it DOES have some weaknesses, as it is our supreme law-making body, it is often thought that it is still an effective law-maker Slide24

Find my strength activity Slide25

Task choose one strength the evaluate in your table group. Correlate it with its corresponding weakness