Index

A

Accountability

distinguished from responsibility, 351–52

government to parliament, 3, 154, 244, 308, 309, 311, 345–54

House of Representatives and, 345–54

of ministers, 254–57

Senate as house of, 351–52

Acton, Lord, 337

Australia Card Bill 1986, 37

Australian Democrats. See Political parties—Australian Democrats

Australian Labor Party. See Political parties—Labor Party

B

Baker, Richard, 128, 131, 332

Barton, Edmund, 32, 134, 136

Barwick, Garfield, 93, 111–20, 129, 332

Bicameralism, 2–3, 16, 73, 122, 140, 330, 336, 358

Bonner, Neville, 67

British system of government, 103, 122n, 246, 352

as elective dictatorship, 341–44

Australia and, 12, 14, 68, 105–6, 112–14, 152, 281, 328–33, 342

House of Lords’ powers, 19, 102, 124, 130, 281, 297

sovereignty of parliament, 341–44

Brown, Bob, 164

Bryce, James, 20, 123n, 146, 340

Budget. See Financial legislation

C

Canadian federalism, 140, 141, 144n

Carruthers, Joseph, 130

Censure motions

House, 257

Senate, 255–57

Chamarette, Christabel, 5, 164

Chaney, Fred, 249

Checks and balances, 336n, 343, 346

Chifley, Ben, 70

Clemons, John, 72

Colston, Malcolm, 182

Committees. See under Senate

Congress. See under United States

Conscience vote, 57–58, 170

Constitution, Australian. See also under Double Dissolutions

alteration of, 28n, 259n, 314, 366n, 339

bicameral, 122

classification of, 326–33

compared with British. See under British system of government

compared with United States, 9, 340, 344–45, 351

deadlocks between houses, 135–39

drafting of. See Federal Conventions of the 1890s

federalism and, 9, 121, 135, 140, 141, 331

federalism and responsible government, 120–29

federal–state financial relations, 10

individual rights, protection of, 340

interpretation of, 11, 12, 14, 98, 99–101, 103, 296, 331

judicial interpretation of, 10

monarchical, 11

origin of, 120–21

pragmatic and hybrid in nature, 350

proposals for change

presidential-congressional system, 311–12

republican debate, 313–25

republican in nature, 143

Constitution, US. See under United States

Constitutional Conventions of the 1890s. See Federal Conventions of the 1890s

Conventions of constitutional practice, 14, 90, 93, 97–104, 105, 331, 338–40

codification of, 339

inherited from Britain, 12–13

Cook, Joseph, 30, 40

Coonan, Helen, 173, 239n, 278–81, 287, 310

D

Deadlocks. See under Constitution, Australian, and United States—Constitution

Deakin, Alfred, 25, 126, 146–47

Democracy, types of, 327, 337

Devereaux, John, 164

Dismissal of the Whitlam Government. See under Whitlam Government

Divided government. See under Parliament, Commonwealth

Divisions. See Senate—voting in

Dixon, Owen, 340

Double dissolutions, 25–43, 93, 135–39

calculation of the three months interval following failure to pass legislation, 27n, 39, 88n

constitutional provisions, 25–30

failure to pass, meaning of, 33–35, 37, 39–40

Governor-General, role of, 30–33, 36, 41

historical accounts of double dissolutions

1914, 1951, 1983, 1987, 30–38

1974, 84–88, 86

1975, 88–94

need not follow immediately on failure to pass, 42

nexus provision of Constitution and, 29

political motives and, 41–43

triggering bills

no limit to number of, 41–42

political or policy significance of, 30–33

stockpiling of, 37, 41, 94, 110n

E

Edwards, J.E., 67, 77

Elections. See also Electoral system

decline in support for major parties, 81

group ticket voting, 65–67

ticket splitting between houses, 81n, 189n

Electoral system, 44–54. See also Voting methods

compulsory voting, 44

geographically distributed majority and, 54n

House of Representatives, election of, 45–46

Senate, election of, 46–54, 278, 293n, 310, 356

Evans, Gareth, 85, 350n

Evatt, H.V., 77

Executive

constitutional provisions, 11

ministers

accountability of, 254–57

appointment of, 12

as witnesses before Senate committees, 308–10

representation of, in the chamber, 254

Senate censure motions and, 255–57

senators as, 254, 305–10

to be members of Parliament, 12

F

Faulkner, John, 255, 274–75, 300–301

Federal Conventions of the 1890s, 111, 120–56 passim, 331, 333

Federal Executive Council, 11, 12

Federalism. See also Canadian Federalism, and see Constitution, Australian

Federalist Papers, The, 334

Federal-state relations, 10, 146

Financial initiative, 16–17, 332

Financial legislation, 16–25, 305

amendment of, 18–20

authorised by Governor-General, 17

budget 1993, amendment of, 185

requests for amendments, 18–20, 131, 135, 259, 264

pressing of, 20–25, 265–66

Senate powers, 16–25, 93, 95, 99, 112, 129–35, 145, 300–305

Coalition views on, 85, 89, 110

dual responsibility theory and, 111–20

Labor views on, 91–92, 105–6, 110, 300–301

standing (permanent) appropriations, 304

tacking, 17, 22n, 132n, 135

Fraser, Malcolm, 64, 89–111 passim, 105, 106,

Fraser, Simon, 145

Free vote. See Conscience vote

G

Garran, Robert, 128

German Bundesrat, 143

German Bundestag, 366

Gorton, John, 248

Gould, Stephen Jay, 1

Governor-General, 13. See also under Double dissolutions

1975 crisis and, 92–111 passim

executive power and, 11

normally acts on advice of ministers, 12, 13

Parliament and, 13

powers, 13–14

to dismiss a government, 96–97

to dissolve both houses, 96

representative of the monarch, 11

reserve powers, 12, 103, 315–16, 325, 328, 338

spending proposals authorised by, 13, 17

Whitlam Government, dismissal of, 106–9

Greens. See Political parties—Greens

Griffith, Samuel, 31, 121, 125, 126, 128, 132, 141, 331

H

Hackett, Winthrop, 112, 126, 127n, 348

Hailsham, Lord, 341–44, 346, 347, 352

Hamer, David, 305–10

Hancock, W.K., 340

Harradine, Brian, 182, 183

Harris, Len, 165n, 215n

Higgins, H.B., 146

High Court of Australia, 342

Holder, Frederick, 130

Holt, Harold, 105

House of Lords, powers of. See under British system of government

House of Representatives, 238–73

accountability and, 345–54

as electoral college, 244, 329

as house of responsibility, 351–52

as legislature, 246–48

composition of, nexus with Senate, 15, 77

dissolution of, 13

dominated by governing party, 56–57, 220, 240–44, 287, 311, 341, 346

election of. See under Electoral system

financial legislation and, 16–17

media reporting of, 243, 253

members elected for three-year terms, 14

representative character of, 281

reputation of, 189, 239–48, 249, 252

responsible government and, 345–54. See also Responsible government; Accountability

House of Representatives Practice, 16, 253n

Howard, John, 274–75, 276, 333

on mandate theory, 294–95

I

Independents. See Political parties—minor parties and Independents

Isaacs, Isaac, 146

J

Joint sittings of both houses, 28n, 38, 87

constitutional provisions, 26–30

to select senator for a territory, 30n

K

Keating, Paul, 64, 247, 252, 257, 333, 364n

Kernot, Cheryl, 184, 237, 288

Kerr, John, 87, 92–111 passim, 111–20, 129, 314, 328, 330, 332

L

Langmore, John, 306

Lees, Meg, 183

Legislation

amendments

committee of the whole, 204, 207–22

second and third readings, 202–7

analysis of divisions on, 1996–2001, 189–237

divisions on amendments in committee of the whole, 223–34

divisions on second and third readings, 194–202

procedures for in the Senate, 194–95, 202–7

procedures for resolution of disagreements, 259–73

Liberal Party. See Political parties—Liberal Party

Lijphart, Arend, 2, 16, 238–39, 316

Lobbying, 62

M

Macklin motion, 257–58

Macklin, Michael, 257, 304–5

Macrossan, J.M., 146, 147

Madison, James, 334–38, 341, 346

Mandate theory, 246, 276–99, 333, 347

Australian Democrat views on, 288

core and non-core promises, 286

Howard, John, views on, 294–95

minority parties and, 288–89

Victorian Constitution, s.16A, and, 298–99

Whitlam, Gough, views on, 282, 287

Margetts, Dee, 5, 164

May, Erskine, 92

Media reporting of parliament, 243, 244, 253

Menzies, Robert, 33–35, 64, 71, 341

Ministers. See under Executive

Minor parties. See under Political parties

Monarchy, 11, 14, 315, 320

Moyal, Ann, 326

Murphy, Lionel, 88, 91

Murphy, Shayne, 183

Murray, Andrew, 237

N

National Party. See Political parties—National Party

Native Title Act 1993, 5

Nettle, Kerry, 47, 164

Neustadt, Richard, 13, 335

Nexus provision of Constitution, 15, 29, 77

O

O’Connor, Richard, 138

Odgers’ Australian Senate Practice, 16n, 253n

Odgers, J.R., 211, 359, 360

One Nation. See Political parties—One Nation

Opposition

and reform of the Senate, 355–57

role of in House, 243

role of in Senate, 82, 179, 193, 195, 200, 201, 243–44

P

Parliament Act 1911 (UK), 19, 29, 102, 124, 138, 281, 300

Parliament Act 1949 (UK), 281

Parliament, Commonwealth

autonomy of each house, 250

bicameralism, 3, 238

comity between the houses, 251, 255, 309

conferences between the houses, 61, 145, 263, 267–73

divided government and, 4, 5, 157, 211, 248, 251, 348n, 361, 364

joint sittings. See Joint sittings of both houses

legislative programming in, 257–58

nexus between size of houses, 15, 77

not sovereign, 342

powers, 9

powers of both houses, 16

procedural manuals, 16n

prorogation of, 13

provision of services to both houses, 250

relations between the houses, 58–60, 61, 74, 135–39, 238–73, 300–305, 358–63

during Whitlam Government, 84

legislative disagreements, resolution of, 259–73

political parties and, 144–47, 148–56 passim

reputation of, 249

shape of chambers and seating arrangements, 192

Parties. See Political parties

Party affiliations in the Senate, 54

in 2002, 158, 163

Platypus, 1–2, 326, 330, 353, 368

Political parties

Australian Democrats, 80, 165–66, 184–87, 237, 367

balance of power and, 157–237 passim, 174

split voting in, 166, 173

candidates, selection of, 64–65

coalitions of, in Senate chamber, 157–88

decline in support for major parties, 81, 186

Democratic Labor Party, 79–81, 184, 367

discipline in, 55–56, 57, 61–69, 107–8, 144–47, 166–67, 220, 287, 344, 347

ballot position and, 65–68, 241–48 passim, 308

evolution of party system, 56

fusion of non-Labor parties in 1910, 56, 144

Greens, 5, 157–237 passim, 164, 184, 187, 367

Labor Party, 157–237 passim, 179–83, 234, 300–301, 367

Liberal Movement, 87

Liberal Party, 162n

Liberal-National Coalition, 157–237 passim, 158n, 163–68, 173–79, 234, 367

minor parties and Independents, 163, 182–88, 237, 278

impact on Senate, 82, 157–237 passim, 355

proportional representation and, 49–54, 78–82

National Party, 162n

One Nation, 163, 157–237 passim

relations between the houses and, 144–47

representation in Senate. See Senate—party affiliations of senators

Prime minister, 12, 245, 248, 322–23

Proportional representation. See under Voting methods

Q

Question time, 189, 191

Quick, John, 128

Quotas for Senate elections

calculation of quota, 47

for double dissolutions, 52

R

Referenda. See Constitution, Australian—alteration of

Republic, Australian

debate on, 313–25

referendum on, 1999, 101, 314, 315, 319n

Reserve powers. See under Governor-General

Responsible government, 3, 12, 14n, 16–25, 89, 90, 93, 99, 102, 103, 105–6, 110, 112, 120–29, 124, 133, 134, 135, 139, 143, 152, 184, 185, 240, 244, 276, 299, 300, 328, 331, 332, 345–54, 363

divided government and, 4

dual responsibility theory of, 111–20

party discipline and, 55

responsibility defined, 351–52

Senate and, 5

S

Salisbury Convention, 281, 297

Senate

as house of accountability, 351–52

as legislature, 246–48

balance of power in, 174, 183–88, 235, 237

casual vacancies, 88, 95

coalition building in the chamber, 157–88, 231–34

committee of the whole, 202

committees, 8, 190–92, 212n, 251, 306, 308, 352

House ministers and, 255

ministers as witnesses, 308–10

composition

nexus with House of Representatives, 15, 77

continuing nature of, 14

cooperation and compromise in, 190–92

democratic legitimacy of, 142, 281, 297

elections for. See under Electoral system

enforced reasonableness in, 249

geographically distributed majority and, 54n, 141, 144n, 348n

half-Senate elections, 14

impact of minor parties and Independents, 82

increased in size in 1984, 47

legislative programming in, 257–58

Macklin motion, 257–58

mandate theory and, 288, 295–98, 299

media reporting of, 235–36, 253, 256. See also Media reporting of Parliament

ministers in, 254, 305–10

modus operandi 1901–09, 58–60

Opposition role in. See Opposition

party affiliations of senators

historical table, 54

in 2002, 158, 163

powers, 16–25, 129–35, 280, 331, 358–63. See also under Financial legislation

reform of, proposals for, 300–313

removal of power to block supply, 300–305

relations with House of Representatives. See Parliament, Commonwealth—relations between the houses

representative character of, 248, 252, 281

reputation of, 189, 247, 252, 361

before 1949, 76

role of

house of review, 148–56

representation of the states, 139–48

rotation of senators, 14, 157

senators’ terms of office, 14, 46–54

states represented equally, 141, 144

televising of, 253

votes on party rather than state lines, 55n, 144–47

voting in, 193, 208n

analysis of patterns of, 1996–2001, 189–237

party affiliation and, 157–88

position-taking, 210, 224, 226, 227, 233

procedures, 159–61

Separation of powers, 13, 334

Snedden, B.M., 85

Social Services Consolidation Bill 1950, 269

Symon, Josiah, 21

T

Tacking. See under Financial legislation

Thatcher, Margaret, 333

U

United States

budget deadlocks, 107–8, 303–4

Congress, 250

bicameralism, 336

comparison with Commonwealth Parliament, 4

mandate theory and, 283n

relations between the houses, 138, 238, 267, 269–73

televising of, 253

voting in, 226

Constitution, 5, 334–38

alleged recitation of in bar rooms, 350n

checks and balances in, 335

compared with Australian Constitution, 9, 340, 344–45, 351

deadlocks, 107–8

divided government, 4, 311

impeachment power, 352

influence on Australian Constitution, 122

Origination Clause, 265

separation of powers, 334

political parties

discipline in, 167, 226

relations between the states, 146

Senate, 15, 143

filling of vacancies, 89n

V

Vanstone, Amanda, 279n

Victorian Constitution, mandate theory and, 298–99

Victorian Legislative Council, 132

Votes in the Senate. See Senate—voting in

Voting methods, 44–47

‘block vote’ system used in Senate elections, 1902–48, 73–77

constituency plurality system, 44, 45

first-past-the-post, 44

preferential voting, 45–46

proportional representation, 46–54, 357

effects on composition of Senate, 48–54

introduction for Senate elections, 34, 69–82

minor parties and Independents, 49–54, 78–82

single transferable vote, 46–48

above-the-line voting, 65–67

calculation of quota, 47

for double dissolutions, 52

representation and, 48–49

W

Westminster system. See British system of government

Wheare, Kenneth, 192

Whitlam Government, 94

dismissal of, 6, 88–94, 102, 109, 330, 349

election of, 83

legislative program, Senate and, 3, 6, 282–83

Whitlam, Gough, 300, 322, 328

on mandate theory, 83–111 passim, 282, 287

views on Senate powers over financial legislation, 1970, 91–92

Wilson, Woodrow, 191

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