Politics of Australia - Legislative

Legislative

The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, and has been influenced both by the Westminster system and United States federalism. Under Section 1 of the Constitution of Australia, Parliament consists of three components: the Monarch, the Senate, and the House of Representatives. The Australian Parliament is the world's sixth oldest continuous democracy.

The Australian House of Representatives has 150 members, each elected for a flexible term of office not exceeding 3 years, to represent a single electoral division, commonly referred to as an electorate or seat. Voting within each electorate utilises the instant-runoff system of preferential voting, which has its origins in Australia. The party or coalition of parties which commands the confidence of a majority of members of the House of Representatives forms government.

The Australian Senate has 76 members. The six states return twelve senators each, and the two territories two senators each, elected through the single transferable voting system. Senators are elected for flexible terms not exceeding six years, with half of the senators contesting at each federal election. The Senate is afforded substantial powers by the Australian Constitution, significantly greater than those of Westminster upper houses such as those of the United Kingdom and Canada, and has the power to block legislation originating in the House as well as supply or monetary bills. As such, the Senate has the power to bring down the government, as transpired during the 1975 Australian constitutional crisis.

Because legislation must pass successfully through both houses in order to become law, it is possible for disagreements between the House of Representatives and the Senate to hold up the progress of government bills indefinitely. Such deadlocks are resolved under section 57 of the Constitution, under a procedure called a double dissolution election. Such elections are rare, not because the conditions for holding them are seldom met, but because they can pose a significant political risk to any government that chooses to call one. Of the six double dissolution elections that have been held since federation, half have resulted in the fall of a government. Only once, in 1974, has the full procedure for resolving a deadlock been followed, with a joint sitting of the two houses being held to deliberate upon the bills that had originally led to the deadlock.