In the Australian system of government, the 'legislative power'—the authority to make and amend laws—is uniquely vested by the Constitution. If the Australian Government wishes to introduce a new law, which of the following describes the constitutional requirement that prevents the executive branch (the Prime Minister and Cabinet) from exercising this legislative power independently?
- The Constitution grants legislative power to the Federal Parliament as a whole, which is composed of the King (represented by the Governor-General), the Senate, and the House of Representatives.Answer
- BThe legislative power is defined as a 'residual power' held exclusively by the state governments, meaning the Federal Cabinet can only act if it receives unanimous state approval.
- CThe Constitution specifies that legislative power is only valid if a proposed law is first approved by a majority of voters in a majority of states in a national referendum.
Answer
The legislative power is vested in the Federal Parliament, which consists of the King (represented by the Governor-General), the Senate, and the House of Representatives.
The correct answer identifies the three essential components of the Federal Parliament as defined in Section 1 of the Australian Constitution. Legislative power is not held by the Government (the executive) alone, but must be exercised through the cooperation of the House of Representatives, the Senate, and the King (represented by the Governor-General).
Step-by-Step Solution
Key Concept
The composition and vesting of Federal Legislative Power
Hints
1
Think about the three parts that make up the Federal Parliament in the Australian system.
Practice More
Review the 'Separation of Powers' to understand how the Legislative, Executive, and Judicial branches interact.
Estimated Time:2m 0s