Case Study Research Exercise on Australian Parliamentary System of Government

This case study research exercise focuses on the Australian Parliamentary System of Government, its constitutional validity, powers of parliament, rules of parliament, and powers of the executive. It also discusses the distribution of powers and roles of the federal, state, and local authorities.

Case Study Research
Exercise
(Business Law)

Table of Contents
INTRODUCTION ..........................................................................................................................2
.........................................................................................................................................................3
.........................................................................................................................................................3
TASK ..............................................................................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9
INTRODUCTION
The prototypical democracy representing Australia, it is an exemplary association of six
states, in conjunction with the two self-governing territories. The parliament of Australia
comprises of The Queen , which is delegate presented by the Governor-General and the
comprehend incorporation of two houses (The Senate and The House of Representatives),
in spite of the fact the origination of the Australian system of Parliament can be traced along
with the footprints of the British system of Parliament, some of the acts which are outline as the
sources of the constitutional law , such as The Commonwealth of Australian Constitution ,

The Electoral Amendment and Repeal Act,2005 ,The Supreme Court Act, 1935 and many other
acts which are altogether known the Australia Acts (Swain, 2022). The main strings in the
Australian Parliamentary System of Government are The Responsible Government and The
Democratic Government . This assessment will lay down the Constitutional Validity , Powers of
Parliament, The Rules of Parliament , The Powers of Executive with the procedures of the
Constitution section 109 and to the purpose case studies .
TASK
1. The Parliament of Britain constituted legislation of authorizing the six Australian
colonies which in a combination regulates their own rights as the commonwealth of Australia, In
this sphere of Australian democracy the applicable individual will vote which will help in
choosing the correct spokesperson for achieving the welfare government on the behalf of the
citizens , the performance of the interpreted tasks provided the authority allied to the governor
general and the the two houses mandating the working , The House of Senate and The House of
Representatives, the functioning of both the house are as such follows: In the beginning, The
primary responsibility of the house ,is taking consideration of making new laws and amending
the relevant directives, the advancements of the bills can pass through through the houses , but
the majority of the bills are passed by the House of Representatives. Secondly, Succeeding in the
election , after the alliance of the party whichever has the majority member's will sit in the
House of Representatives which will be the governing space. After that it Analyses the matters
which are foremost for the public policy, the debate of the legislation involving the affirmations
provided by the ministerial policies , the investigation committees asking questions to the
ministers on the governing side. Furthermore,Upraising the revelations in regard to the
interests heed or distress of the citizens, mentioning the grievances in the debate with
scrutinising the spendings ,tax passage ad the appropriate bills of the parliament.
Both the houses also consists of the two stationed committees which are the investigation
committee and the internal affairs committee.

Australia is the founding member of the commonwealth, it reinforces the commonwealth to
fulfil the aims of to elevate human rights, supporting the democratic notions , and providing the
good governance among the members of the country, the Commonwealth is a combination of the
total six federal states present in Australia and two self commanding territories enclaves , the
federal or commonwealth authorization is also known as national government ,stipulating the
three branches of the government, The Parliament ,The Executive and The Judiciary.
Partially this system of political management is planted on the conventions and the customs , The
doctrine of distribution of powers in the political theory which recognizes the three strands of the
government has offered distinctive powers vested in them, The legislative have the authority of
making the rules and laws , The executive have an influence on putting through and
implementing the laws and the judicature of the judicial strength to interpret the laws including
passing on judgements to be used as precedents in the cases (Mangioni,2019).
This principles of separation of powers avoid the burdensome regulations by the government and
such severance of authorities measures as check and balances.
Furthermore, There are differentiate roles given to the different stages of the government , the
characters and duties of The Federal, The State and The Local Authorities : Firstly,The
Commonwealth Government, has a chore to conduct national affairs, their zone of liabilities is
laid down in the Australian Constitution, which included the foreign trade, commerce , business
and the matters of national securities, this filament of government, is concerned with the national
occurrence. Secondly, The Sate Government, everything which is not included in the piece of
works of the federal duties is distributed as the duty of the state such as , medical and health
services, education system, transportation,agriculture, maintaining the relations of industries
protocols of police etc. Thirdly, The Local Government, it is substantial in character
incorporated with the duties of the municipalities corporations or the district sectors. The powers
which can control the administration of the local council are the acts of the parliament , such as
the local government act, it consists of the obligations straight to the public , like homes,building
or rentals, the crossways ,the parks ,the sewage system and other county environmental and
development matters.

The judicature includes the judicial system of Australia, the establishment of the High
Court is conducted by the section 71 of the constitution of Australia. The act of commissioning
of this court is to interpretation ate and implement the laws of the county. The bench is located
in Canberra, the involvement in the cases usually includes the whole cast of seven judges
benches, the authority of the court deals with cases which question the interpretation of the
constitution the aggrieved appeals from the Supreme Court( Federal, State, Territory Courts).
The decisions which are provide along the basis of equity, fairness and just and the precedents
involved are on the doctrine of the actuality of law (McLoughlin,2021).
- Is there more than one constitution that operates in Australia? Describe S109 of the
constitution. Support your answer with a relevant case law.
The constitution of Australia has a set of rules through which the whole Nation is
governed. In the constitution, the formation of Australian parliament prescribed that how the
parliament of the Australia works. In the constitution the distribution of powers between the
Federal and the states are also given. The constitution of Australia came into force on 1st of
January, 1901 (Australian Law Reform Commission, 2019).
Apart form the National constitution, each states of Australia have its own constitution.
In the late 1700s there were British colonies and these colonies had their own parliament system
but still the law making power is in control of British Parliament. After that, in 1980s the
meeting was held called “constitutional convention” to frame a constitution which would
combine the colonies as one Nation. The final draft was approved by the votes of the people,
which was held in each colony between June 1899 – July 1900. As there were British colonies so
the constitution was approved by the British parliament. After some amendment the British
parliament passed the Commonwealth of Australian constitution in July 1900. However, the
Australian constitution becomes Federal but still they have relation with Britain in the fields of
defence and foreign agreements. Finally, in 1942 the Australian parliament passed the Statute of
Web minister Adoption Act, 1942 in which it held that from now on the Australian laws could
not be triumph by the British parliament. When the British parliament passes the Commonwealth

of Australia constitution Act 1900 it allows the six Australian colonies which were still under the
British law, to form their own Central Government according to the constitution.
The Australian constitution found the Preamble in which clause 9 has the original
Australian constitution. In the constitution there are Eight chapters and 128 sections. In the
chapter 1 of the constitution describes the powers of the Australian parliament and a bicameral
legislature.
In chapter 2 the powers of the Government executive was described,
In chapter 3 discuss about the federal courts including High court which is the highest appellate
court in Australia,
chapter 4 deals with the financial and trade matters,
In chapter 5 it is discussed that if there is a conflict between the Central and the states law then,
the central law prevails,
In chapter 6 the Australian constitution has a power to revoke the states law and it is also
mentioned that the central law can makes law for the representation of the territories.
In the chapter 7 the powers of the Governor – General given and describes where the capital of
Australia should be.
Chapter 8 mention that how the amendment can be done by the votes (referendum).
Generally there is no law for the human rights in the constitution but, there are few sections
related to the human rights to safe the citizen of Australia if the Government of the State acquires
the land of an individual, the right is given for fair trial and section 116 of freedom of religion is
also there in the Australian constitution.
The Australian constitution can be amended by the rule of the referendum but firstly the
changes in the constitution has been present as a bill in the parliament and then the election has
been organised for the changes in the constitution and the changes must be agreed on the basis of
the majority.
There is a “Work choice case” through which the Australian industry law was founded.
In this case the corporation power of constitution was used to made changes in the regulation of
the employment.
The validity of the constitution of Australia which is operating the section 109, which
states: When a law of the state is inconsistent wit the commonwealth law, the the latter law shall
prevail and the former will be doomed if it is inconsistent to the extent. This section describes the

inconsistency which is present between the State and the Federal laws. The two types of the
inconsistency may arise between the laws I.e “direct and indirect inconsistency” , the direct one
arise when the one law took the right of the other law and the indirect consistency arise when the
state law introduce that law which Is the subject of the Federal law. There is doctrine to check
resolve the issue that which law would overrule but, its only arise when statute binds the crown.
The landmark case of Daniell (1920), examined and the majority facts of the case held
and given a validity to the section 14 of the commonwealth electoral wartime act,1917.
And given invalid account to the The section166 of the liquor act 1912. As later it states you
cannot follow one law without disobeying the other law (Taflaga,2018).
Shedding some light on the doctrine of covering the field mentioned in the case Clyde
Engineering Co. Ltd v. Cowburn, there are respectively three questions which are supposed to
be answered (a) The field of commonwealth legislation, (b) does the commonwealth legislation
prescribed will effectively cover the entire field, ( c ) Does the state legisaltion will act upon the
measured field.
In the case of Waterside Workers' Federation of Australia v Alexander Ltd (1918),
the established theory was not challenged, the legislation does not have the authority to directly
intervene in the industrial dispute, but can resolve the conflicts through arbitration or mediation.
CONCLUSION
Section 109 of the Australian constitution provides is conflicting in nature with nay
described Commonwealth laws, the Daniell case, states that both the cannot be followed
upfront , one has to be tied down in order to upheld the other one. The delegated powers of the
Australian constitution is bested in the three pillar of executive, legislative and judiciary and they
are separated accordingly in the Chapter I , II and III. The entire commonwealth of Australia is a
procedure combination of six colonies New South Wales, Victoria, Tasmania, South Australia,
Queensland, and Western Australia, which is known as the federation.

REFERENCES
Books and Journals
Australian Law Reform Commission, 2019. The Constitution of Australia: revisiting reform.
Install, P.O.W.E.R., 2019. PARLIAMENT OF AUSTRALIA HOUSE OF
REPRESENTATIVES-REGISTER OF MEMBERS’INTERESTS.
Mangioni, V., 2019. Value capture taxation: alternate sources of revenue for Sub-Central
government in Australia. Journal of Financial Management of Property and
Construction.
McLoughlin, K., 2021. Law, Women Judges and the Gender Order: Lessons from the High
Court of Australia. Routledge.
Swain, W., 2022. The Use and Misuse of Legal History in the High Court of Australia. In The
Impact of Law's History (pp. 179-200). Palgrave Macmillan, Cham.
Taflaga, M., 2018. What's in a name? Semi-parliamentarism and Australian Commonwealth
executive-legislative relations. Australian Journal of Political Science, 53(2), pp.248-
255.