Balance of power and control of the senate

[ElephantStew]

Hey guys, can somebody help me define both "balance of power" and "control of the senate". It is not in my text book.

Thanks

[brendan]

Hey guys, can somebody help me define both "balance of power" and "control of the senate". It is not in my text book.
Thanks

Are you sure that's part of the VCE Legal Studies syllabus?

[ElephantStew]

Are you sure that's part of the VCE Legal Studies syllabus?

Dunno if its part of the study design, but it was one of the things on our holiday work, and it's also on a test i have on tuesday. It could also possibly be on our first SAC;

[brendan]

Well they have more to do with politics and which party has political control of the houses of the Commonwealth Parliament.

[costargh]

Hm I can't remember if its necessary to know.
I'm pretty sure the 'balance of power' can relate to more than one aspect of the legal system. It can refer to which party has the majority in parliament to form government which allows them to hold the power (due to majority because most bills are voted on party lines) to pass bills.

Also I think I can refer to the powers between the states. Like if the High Court interprets an act of the Constitution that limits the powers of the States (Eg. Franklin Dam Case) , then the Commonwealth has increased its law making powers and therefore has an increase in the balance of power.

What's their to define in 'control of the senate'.
Which party has the majority in the senate? The party with the majority has control of the senate.

[ElephantStew]

Alright, thanks people

[Pencil]

Control of the senate is relevant when it comes to talking about the effectiveness of parliament, which is part of the study design. If the same political party has control in both the senate and the lower house, this could reduce the effectiveness of the senate as it could become a 'rubber stamp', simply confirming decisions of the lower house and not scrutinizing bills as thoroughly as possible. This happens because most of the time, members will vote along party lines. Conversely, if there is a hostile upper house (that is, the government does not have control of the senate) there is the potential for the senate to block all bills passed by the govt, limiting their ability to fulfil their legislative program, which they have been elected to do. If you needed an example, you could use the one where the senate blocked the money bill of the Whitlam govt (sorry i've already forgotten dates and shit)

The term 'balance of power' is also part of the study design (i don't have a copy on me, but if you don't already have one, get it off the vcaa website, ESSENTIAL) Basically, the constitution divides power up between the states and the clth, and this 'balance of power' can be changed by things such as HC decisions or referendums etc, but you won't learn about this until later in the year I don't think.
Hope this helps :/

[brendan]

The term 'balance of power' is also part of the study design (i don't have a copy on me, but if you don't already have one, get it off the vcaa website, ESSENTIAL) Basically, the constitution divides power up between the states and the clth, and this 'balance of power' can be changed by things such as HC decisions or referendums etc, but you won't learn about this until later in the year I don't think.
Hope this helps :/

In politics 'balance of power' typically refers to something else. What you (goose) are talking about is the "federal balance" or the "federal-state balance" or the "federal-state division of legislative powers".

[Pencil]

In politics 'balance of power' typically refers to something else. What you (goose) are talking about is the "federal balance" or the "federal-state balance" or the "federal-state division of legislative powers".

Well this isn't politics, this is legal studies, and in legal studies it is referred to as the balance of power
edit: and the term is also used when referring to who holds the balance of power in a house of parliament, but this isn't really a big part of the course

[brendan]

In politics 'balance of power' typically refers to something else. What you (goose) are talking about is the "federal balance" or the "federal-state balance" or the "federal-state division of legislative powers".

Well this isn't politics, this is legal studies, and in legal studies it is referred to as the balance of power

I know but i think that is what the OP was referring to, or that is what the text (that ElephantStew was reading) was referring to: http://en.wikipedia.org/wiki/Balance_of_power_%28parliament%29

Hence my earlier question as to whether 'control of the senate' and 'balance of power' appears in the study design.

What you refer to goose, is hardly ever called "balance of power" in Australian legal discussion. The federal-state division of legislative powers is commonly referred to as the 'federal balance' or the 'federal-state balance'.

[ElephantStew]

Once again, thanks people....twas quite useful

[costargh]

What you refer to goose, is hardly ever called "balance of power" in Australian legal discussion.

More importantly, it is referred to as such in Legal Studies; this subject.

[brendan]

What you refer to goose, is hardly ever called "balance of power" in Australian legal discussion.

More importantly, it is referred to as such in Legal Studies; this subject.

No, the term "balance of power" doesn't even appear once throughout the study design: http://vcaa.vic.edu.au/vce/studies/legalstudies/legalsd.pdf

What the study design does specify is "the division of power between State and Commonwealth Parliaments under the Commonwealth Constitution"

[costargh]

Not every word is in the study design. That's the way it is described in Legal Studies. I think Goose and I should know considering we're ex-Legal Studies students.

When discussing the changes occurring between State and Federal powers in Legal Studies, a student is taught that the 'Balance of Power'  is shifted from one parliament to the next when a referendum or high court interpretation extends or limits the power of one of these law-making bodies.

You may not be required to use the exact wording of 'Balance of Power' being shifted in Legal Studies but the concept definitely needs to be known and this is the way it is taught in most text books.

With that said, I would say that considering you're at the start of the year, the question or definition being sought would most likely be referring to the balance of power in houses of parliament.
=)

[Pencil]

The term 'balance of power' was definitely used in both textbooks i used, plus my study guide.
but MOVING ON