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Chapter 1 - The
Senate and its constitutional role
Bases of the two
Houses
An effective
bicameral system requires that the two houses of the legislature be constituted
on different bases: if they are constituted in the same way they would be
likely to have the same political colour and therefore not be an effective
check upon each other. The federal system necessarily requires that the two
houses be constituted on different bases to reflect and secure the federal
character of the union. The two Houses of the Australian parliament therefore
have different compositions.
The main differences between the Australian Houses derive from the
representative base, method of election, and terms of office. The principal
features of federal bicameralism as exemplified in the Commonwealth Parliament
are:
- Effective
equality of the Senate and the House in the making of laws and the performance
of all other parliamentary responsibilities. The only qualification is that
certain types of financial legislation must originate in the House of
Representatives, and in some cases the Senate is limited to suggesting and, if
necessary, insisting on amendments.
- Senators
are elected on a state or territory basis, each state or territory voting as
one electorate; membership of the House is based on single member electorates
approximately equal in population.
- Each
state irrespective of population is represented by 12 senators, each territory
by 2 senators; representation in the House of Representatives is based on
population.
- Distinctive methods
of electing the two Houses. Senators are elected by a proportional method; the
method of electing members of the House of Representatives is preferential.
-
- State senators are
elected for terms of six years;
half the senators from each state retire at three-yearly intervals. Members of
the House of Representatives are elected for terms not exceeding three years.
Except in the circumstances of simultaneous dissolution of both Houses, the
Senate, in contrast to the House of Representatives, is a continuing House.
The terms of territory senators end and begin at each election for the House of
Representatives.
- Constitutional
provision for resolution of disagreements between the Senate and the House over
legislation originating in the House of Representatives. Such disagreements
over legislation originating in the House may be resolved by simultaneous
dissolution of both Houses. If, following new elections, the disagreement
persists, the legislation in contention may be submitted to a joint sitting of
both Houses.
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