06_State - Constitutional and Administrative Law 6...

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Constitutional and Administrative Law 6 – Legislative Power (State) Page 1 of 16 P ART VII S TATE L EGISLATIVE P OWER I Victorian Parliament A Structure and Composition The Victorian Constitution was radically amended in 2003. One consequence of the amendments was to alter the composition of the Parliament and set several limitations on its powers to amend the Victorian Constitution . Section 15 of the Victorian Constitution establishes the Parliament of Victoria, which comprises the Governor of the State of Victoria, the Legislative Council and the Legislative Assembly: Section 15: The legislative power of the State of Victoria shall be vested in a Parliament, which shall consist of her Majesty, the Council, and the Assembly, to be known as the Parliament of Victoria. The Victorian Parliament is bicameral. Royal assent is required before a Bill become law. Section 16 confers legislative power upon the Parliament of Victoria: Section 16: The Parliament shall have power to make laws in and for Victoria in all cases whatsoever. Section 16A provides that the Legislative Council should exercise its powers in recognition of the Government’s right to implement its mandate. This right includes: Specific mandate (implementation of election promises); and General mandate (to govern for and on behalf of the people of Victoria). However, this provision is more of a prudential reminder then forceful requirement. That is to say, s 16A(2) does not limit legislative power; it is simply a political idea (representative government) codified and formalised by the Victorian Constitution . The lower house (Legislative Assembly) has 88 members drawn from single-member constituencies: s 35(1). This is twice the size of the upper house, which (the Legislative Council) has 40 members from eight regions: s 26. Parliamentarians from both houses share a four year term: ss 28 and 38. Both Houses therefore expire at the same time and state elections in both Houses are held simultaneously: s 28(2). Dissolution cuts short the four year parliamentary term. Early dissolution can only occur at the direction of the Governor. Her Majesty’s representative may not dissolve the assembly prior to the four year fixed term except when certain conditions are satisfied:
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Constitutional and Administrative Law 6 – Legislative Power (State) Page 2 of 16 A motion of no confidence is passed in the Legislative Assembly: s 8A; or There is a deadlock under ss 65A–G, and the Premier has given advice to the Governor to this effect: s 65E(2). B Interaction with Commonwealth Constitution The various state (then colonial) constitutions survived federation, as provided by s 106 of the Commonwealth Constitution : Section 106: The Constitution of each State of the Commonwealth shall, subject to this Constitution , continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State. Section 107 of the
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This note was uploaded on 08/17/2010 for the course BUSLAW 730-214 taught by Professor N/a during the Three '10 term at Melbourne Business School.

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06_State - Constitutional and Administrative Law 6...

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