What are two roles of the Governor-General in the making of legislation?
The two roles of the Governor-General in the making of legislation include assenting the bill to become an act of parliament on the advice of the presiding officer from the originating House that the bill is passes through which are both houses in the same form and proclaiming the Act. After the assent of the bill is placed in the possession of the responsible minister. The Minister will advice the Governor-General when to proclaim the Act. The Act doesn't become a law until the public is officially notified by the publication of the proclamation in a Commonwealth Government Gazette.
What is a sunset provision?
A sunset provision is a mechanism employed by parliament to include a section or part in a statute which terminates after a set period of time, in order to force a review of it. It can also be inserted in regulations by the executive.
Which court would hear a challenge to the validity of the legislation?
The High Court of Australia would be the court that would hear a challenge to validity of the legislation.
How does the legislative arm supervise legislation?
The legislative arm supervises legislation in two ways: Parliament must pass an enabling act with a regulatory power and must also pass through the guiding legislation.
What are regulations?
Regulations are the most common type of delegated legislation made by delegated authorities.
How are regulation made?
There are processes or stages in which regulations are made, they are: Parliament which the legislative stage, the executive stages (consultation), drafting, executive approval, proclamation, gazettal and tabling.
Other than the Minister give one other body that can make regulations.
Other than the Minister the only other body that can make regulations is the shadow Minister.
Outline one advantage of regulations as a method of law-making.
There has been a significant growth in delegated legislation in recent decades. Obviously, delegated legislation would not have been made if it did not make the operation of government more effective and bestows benefits on the community. This topic must be read in conjunction with the reasons of delegated legislation; for example, delegating regulatory powers to government agencies and councils are strengths, because they relieve the workload of parliament and place the law-making responsibilities into the domain of the experts, as well as people more familiar with regional needs.
Outline one disadvantage of making regulations.
Undemocratic law-making delegated authorities (other than councils) are uncollected and are therefore not held accountable to the community for the laws they make. Parliament is criticized for abrogating it democratic responsibility, to which it answers that it has the power to supervise delegated legislation as already outlined. Of course, the supervisory mechanisms are weakened when the government commands a majority in the Senate. Councils are often criticized for the regulations they make because the salaried appointed officers exercise more control over the regulation making process than the elected Councillors.
Explain one way in which each of the following arms of government can supervise regulations.
Parliament - parliament supervises regulations by Enactment; Parliament is the supreme law making body and it reserves the legislative power to change the regulatory power of a delegated authority in the parent act of broaden, limit or abolish it.
Executive - the mechanisms regarding legislation are equally applicable with delegated legislation. For example, when the Ombudsman follows up a complaint lodged by a citizen regarding the authority exercised by a government, the review often includes a investigation of the nature of regulations, as well as legislation. The Ombudsman could recommend that a minister amend a regulation to overcome a specific problem.
Judicial - the tremendous growth in delegated legislation in recent decades has created a fear in the community that people are becoming increasingly subject to the directions of executive government. Courts and judicial tribunals have a special role to perform in the supervision of delegated legislation to guarantee that the rights and freedoms of the people are not unlawfully interfered with and that they are not denied natural justice.
what are the advantages and disadvantages if legislation as a form of law-making?
Disadvantages of legislation as a form of law making include;
Undemocratic law making - delegated authorities (other than councils) are un-elected and are therefore are not held accountable to the community for the laws they make.
Fragmentation and complexity of the law - delegated authorities make regulations with the communities best interest in mind bu they often cause a proliferation of regulations that clog up human activity.
Accessibility and a lack of community awareness - while this form of law making is quick and efficient, it makes it very difficult for the community to keep abreast of changing regulations.
The two roles of the Governor-General in the making of legislation include assenting the bill to become an act of parliament on the advice of the presiding officer from the originating House that the bill is passes through which are both houses in the same form and proclaiming the Act. After the assent of the bill is placed in the possession of the responsible minister. The Minister will advice the Governor-General when to proclaim the Act. The Act doesn't become a law until the public is officially notified by the publication of the proclamation in a Commonwealth Government Gazette.
What is a sunset provision?
A sunset provision is a mechanism employed by parliament to include a section or part in a statute which terminates after a set period of time, in order to force a review of it. It can also be inserted in regulations by the executive.
Which court would hear a challenge to the validity of the legislation?
The High Court of Australia would be the court that would hear a challenge to validity of the legislation.
How does the legislative arm supervise legislation?
The legislative arm supervises legislation in two ways: Parliament must pass an enabling act with a regulatory power and must also pass through the guiding legislation.
What are regulations?
Regulations are the most common type of delegated legislation made by delegated authorities.
How are regulation made?
There are processes or stages in which regulations are made, they are: Parliament which the legislative stage, the executive stages (consultation), drafting, executive approval, proclamation, gazettal and tabling.
Other than the Minister give one other body that can make regulations.
Other than the Minister the only other body that can make regulations is the shadow Minister.
Outline one advantage of regulations as a method of law-making.
There has been a significant growth in delegated legislation in recent decades. Obviously, delegated legislation would not have been made if it did not make the operation of government more effective and bestows benefits on the community. This topic must be read in conjunction with the reasons of delegated legislation; for example, delegating regulatory powers to government agencies and councils are strengths, because they relieve the workload of parliament and place the law-making responsibilities into the domain of the experts, as well as people more familiar with regional needs.
Outline one disadvantage of making regulations.
Undemocratic law-making delegated authorities (other than councils) are uncollected and are therefore not held accountable to the community for the laws they make. Parliament is criticized for abrogating it democratic responsibility, to which it answers that it has the power to supervise delegated legislation as already outlined. Of course, the supervisory mechanisms are weakened when the government commands a majority in the Senate. Councils are often criticized for the regulations they make because the salaried appointed officers exercise more control over the regulation making process than the elected Councillors.
Explain one way in which each of the following arms of government can supervise regulations.
Parliament - parliament supervises regulations by Enactment; Parliament is the supreme law making body and it reserves the legislative power to change the regulatory power of a delegated authority in the parent act of broaden, limit or abolish it.
Executive - the mechanisms regarding legislation are equally applicable with delegated legislation. For example, when the Ombudsman follows up a complaint lodged by a citizen regarding the authority exercised by a government, the review often includes a investigation of the nature of regulations, as well as legislation. The Ombudsman could recommend that a minister amend a regulation to overcome a specific problem.
Judicial - the tremendous growth in delegated legislation in recent decades has created a fear in the community that people are becoming increasingly subject to the directions of executive government. Courts and judicial tribunals have a special role to perform in the supervision of delegated legislation to guarantee that the rights and freedoms of the people are not unlawfully interfered with and that they are not denied natural justice.
what are the advantages and disadvantages if legislation as a form of law-making?
Disadvantages of legislation as a form of law making include;
Undemocratic law making - delegated authorities (other than councils) are un-elected and are therefore are not held accountable to the community for the laws they make.
Fragmentation and complexity of the law - delegated authorities make regulations with the communities best interest in mind bu they often cause a proliferation of regulations that clog up human activity.
Accessibility and a lack of community awareness - while this form of law making is quick and efficient, it makes it very difficult for the community to keep abreast of changing regulations.