Slike strani
PDF
ePub

Provision against
Deadlocks.

In the first place, whilst the powers of the two are co-ordinate in most matters, the popular Chamber has the sole right to introduce Bills appropriating revenue. or imposing taxation. The Senate may not even amend such Bills. It must either accept or reject them in toto, though it has the right to suggest omissions or amendments for the consideration of the other House. On the other hand, the Senate's right to amend other Bills is fully protected by the disallowance of what is termed "tacking," that is, including other matters in Bills dealing with revenue or expenditure.

The passage of a Bill through the two Houses indicates that the measure is favoured, not only by the representatives of a majority of the people, but also by a majority of States. In the event of a deadlock between the two Houses, the double numerical strength of the House of Representatives over that of the Senate * ensures that in the event of a joint sitting the will of the former, if at all unanimous, will prevail. Should the Representatives pass a Bill twice, and the Senate fail to pass it, or insert in it amendments distasteful to the other Chamber, the Governor-General may dissolve both Houses (provided that a general election is not due

The maintenance of this ratio of two to one is also a protection to the Senate, in that it doesn't permit the number of Representatives to be so increased as to add to the dignity of the National House, and lead to the impotence of the Senate.

SIR GEORGE HOUSTON REID

High Commissioner for Australia

After the original oil painting, by Gordon Coutts, in the Mitchell Library

[graphic][graphic]
[blocks in formation]

within six months), and require the people to elect two new Houses. If the two Chambers continue to differ about the same proposed legislation, a joint sitting is held. If the proposed law, with or without any of the disputed amendments, is accepted by an absolute majority of the total number of the members of the Senate and the House of Representatives, the law is regarded as duly passed by the two Houses. As the total voting strength of the two Houses is one hundred and eleven, of which seventy-five are Representatives, it requires but a respectable majority of the National House and a respectable minority of the Senators to be united in their views in order to win the day. It is then presented to the Governor-General for his assent.

This provision for the treatment of deadlocks is quite a novel piece of legislation. No other federation requires the dissolution of the Upper House when it is in disagreement with the Lower House. The nearest approach to it is the provision in the Swiss Constitution, by which the whole Parliament is dissolved when the people by a referendum declare in favour of constitutional amendment which Parliament itself does not favour.

N

Subjects of Legislation Classified.

CHAPTER IX.

THE AUSTRALIAN CONSTITUTION

(Continued.)

THE DIVISION OF POWERS.

The Australian Constitution resembles more nearly that of the United States than that of Canada in one very important respect. State rights are jealously guarded. The Federal Government, instead of being invested with the control of all unspecified matters, as is the case in Canada, is limited in its operations to the matters actually enumerated in the Constitution, whilst the residue is controlled by the States. All the possible subjects of legislation can be grouped into three classes:

the

(1) The subjects-few in number-in which
Commonwealth has exclusive
powers of legislation. In these cases
the State laws ceased to operate at the
inauguration of the Commonwealth.
(2) The subjects in which the States and
the Commonwealth's powers of legisla-
tion are concurrent. On these questions
the State laws hold good only so far as
they are not invalidated by Federal laws.

« PrejšnjaNaprej »