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Unit 8 Political Institutions

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Unit 8 Political Institutions UNIT 8 POLITICAL INSTITUTIONS Structure 8.0 Objectives 8.1 Introduction 8.2 Australian Political Institutions : Historical Background 8.2.1 British Legacy 8.2.2 Other Influences 8.2.3 Governor : The Predominant Institution 8.3 The Crown, the Governor-General and the Executive Council 8.3.1 The Crown 8 3.2 The Governor-General 8.3 3 Powers and Functions of the Governor-General 8.3.4 The Executive Council 8.4 The Cabinet 8 4.1 The British Cabinet 8.4.2 The Australian Practice 8.5 The Parliament 8.5.1 The Senate 8.5.2 House of Representatives 8.5.3 Sessions of Parliament and Parliamentary Committees 8.5.4 Hallmarks of the Parliamentary Government in Australia 8.6 Australian Parliament : Powers and Functions 8.6.1 Judicial Review 8 6.2 Influence of Britain 8.6.3 Control over Qualifications and Areas of Jurisdiction 8.6.4 Areas of Jurisdiction of the House of RepresentativesISenate 8.6.5 Relations betGeen the Two Houses 8.7 The Judiciary 8.7.1 Composition and Conditions of Service 8.7.2 Jurisdiction of the High Court 8 7.3 Federal Court of Australia 8.7.4 Overall Picture of Australia's Judicial System 8.8 Constitutional Framework at the State Level 8.8.1 The Territories A) The Northern Territory B) Australian Capital Territory (ACT) C) Jervis Bay Territory (JBT) 8 8 2 Centralising Tendency in the Australian Federation 8 8.3 Demand for the Creation of New States 8.8.4 Australian System of Local Government 8.9 Political Parties 8.10 LetUsSum Up 8.1 1 Some Useful Books 8.12 Answers to Check Your Progress Exercises 8.0 OBJECTIVES The objective of this unit is to familiarize you with the Australian political institutions by focussing on the historical background of the origin, evolution and development of these institutions in Australia. After reading this unit, you will be able to: recall the historical background in which the political institutions of Australia originated; identify the major political institutions in-~ustralia; explain the evolution and development of the political institutions in Australia; describe the present state of the political institutions in Australia; analyze how the Australian political institutions relate to each other; and compare political institutions in Australia with similar institutions in other countries. 8.1 INTRODUCTION Australia, as you know by now, is a federal country, officially designated as the Commonwealth of Australia. Jt is a dominion within the Commonwealth of Nations. It accepts the British Queen as its nominal head of State. She lives in London. Therefore, a Governor-General . qppointed by the Queen (or King) on the advice of the Australian Cabinet, is the Monarch's representative. He is assisted by a Prime Minister and his Cabinet is responsible to the Lower House of Parliament. There are two Houses of parliament, and a well organized system of judiciary. Australia has its own political parties. The States, like the Centre, also have a parliamentary system of government. In this unit, you will read about political institutions that operate in the states, though the emphasis will be on federal political institutions. 8.2 AUSTRALIAN POLITICAL INSTITUTIONS : HISTORICAL BACKGROUND While studying the political institutions in Australia, it should be remembered that technically (i.e. legally and constitutionally), the Australian political institutions are not sovereign though, according to the Statute of Westminster (193 1) the country is fully independent, both internally and externally. A majority of the Australians are quite happy to remain integrated with the British Empire or what is left of it. A referendum in 1999 showed that they still had no ' compelling desire for complete independence from the monarchy. The, people opted to retain monarchy, and rejected the idea of republicanism. ', Brian Head is perhaps right in saying that "race and blood ran deepe\ than nationality". Secondly, the Australian Constitution was conducted mainly by "men of property". The working classes were excluded from the constitutional conventions causing popular disenchantment (Participation in referenda was always low; 45% in 1898, 60% in 1899 and I just 53% in 1999 referenda). The Australian Labour Party regarded the Constitution as a static, legalistic document bolstering conservatism and frustrating any radical change. The Australian political dependency on Britain continues. However, it must be remembered that it is no more a British Colony. The British connection is only nominal and sentimental. 8.2.1 British Legacy Australian political institutions and ideas were derived from Britain and created by British Statutes and Australian foreign and defence policies remained tied to Britain. There is no denying the fact that Australia be n enjoying a substantial degree of political independence from Britain right from the mid-19% century. However, self-government was not the same as a sovereign government. While Australia is, for all practical purposes, an independent country, yet constitutionally it continues to be a British dominion. This status has been reinforced after the November 1999 referendum in which 53% of the Australian electorate rejected the idea of an independent Australian Republic with its own elected President as 'the head of State. 8.2.2 Other Influences As far as Australian political institutions are concerned, they did not grow as a result of: 1) the growth of native Australian political thought and political movement; 2) native political needs and requirements; 3) the desire to be different and distinct from England and characteristics of the American political experience and institutions. Hugh Collins believes that Benthamite Utilitarianism permeates every aspect qf Australian political life. Utilitarianism, legalism, positivism, pragmatism, individualism, mundane secularism, and conformism have remained the dominant influences in Australia. In their political expectations, Australians have remained unheroic and suspicious of messia ic and normative thinking. All this has moulded the working of the Australian political instit! tions, politics and political culture. The political landscape has much that is "unfamiliar and foreign", something "same and yet quite different". Australia shares with the United States : 1) a written constitution 2) a federal structure t 'I I'olitical Structure 3) a bicameral legis!ature 4) the aspect of judicial review (under which the highest court can declare a law null and void if it violates the constitution), which is not practiced in Britain; and 5) electoral politics under a primarily two party system (the U.S. Constitution does not mention political parties whereas the Australian Constitution does so). On the other hand, Australia shares with Britain : I) constitutional monarchy; 2) a parliamentary system of government where the executive is responsible to the legislature; and 3) a professional, public bureaucracy which is politically neutral (the U.S. in contrast had a spoils system under which the top bureaucrats change with the change ofthe president). 8.2.3 Governor : The Predominant institution The predominant Australian political institution was of the Governor owing allegiance to the British monarchy. Like in other colonies, the British encouraged the development of parliamentary institutions. A small Legislative Council was formed to assist the Governor under the New South Wales Judicature Act of 1823. In 1828, an expanded Legislative Council was created which cou:d override the Governor's decision by a majority vote. By 1842, two thirds of the Legislative Council comprised elected members under the New S~uthWales Constitution Act of 1842. However, the Governor remained important and enjoyed wide- ranging powers including the 'reserve powers'. Separate Constitutions for Victoria, South Australia and Tasmania were approved in 1855-56. All these constitutions provided for bicameral Parliaments, i.e. Legislative Councils and Legislative Assemblies. Queensland got her constitution in 1859 and Western Australia in 1880. Australian federal political institutions date from the formation of the Australian federation ' and the promulgation of a new federal constitution on January 1, 1901. The major political institutions as envisaged by the present constitution are discussed below. Check Your Progress 1 Note: i) Use the space provided below each question to write your answer. ii) Check your answer with the answers given at the end of the unit. 1) Trace the British and other influences on Australia's political institutions. 8.3 THE CROWN, THE GOVERNOR-GENERAL AND THE EXECUTIVE COUNCIL The Australian Constitution speaks of "the Crown of the United Kingdom of Great Britain and Ireland" as the constitutional head of Australia who "may appoint a Governor-General for the Commonwealth." Under the Statute of Westminster as adopted by Australia, the British Monarch is treated as the KingtQueen of Australia. 8.3.1 The Crown The Crown enjoys the ultimate legislative and executive power (Sections 1 and 61). It is also the head of the government and enjoys a great deal of prestige and 'reserve powers' in addition to the constitutionally enumerated powers and functions. i I 1 However, the Crown remains a titular ceremonial head of the Australian state as is required under the parliamentary form of government. The Crown, by convention, exercises its powers r on the advice of the Prime Minister . i ! 8.3.2 The Governor-General ' An additional novel feature in the case of Australia is that the KingIQueen does not reside in Australia. The monarch exercises all its powers and functions through its representative called the Governor-General who remains in office "during the Queen's pleasure." Since 1969, only I Australians are appointed as the Governor-Generals. The Imperial Conferences of 1926 and , 1930 added a new dimension. , In 1926, it was decided that the Governor-General of a dominion was to be assisted by the local ministers and not, the ministers in Britain. In 1930, it was decided that the Governor- General was to be appointed not on the advice of the British Cabinet, but that of the dominion ' cabinet, i.e., the Australian cabinet.
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