What is a check on the legislative power to make laws?

The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers. Here are some examples of how the different branches work together:

• The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto.
• The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
• The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation’s borders.
• The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
• The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
• The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.
• The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
• The judicial branch interprets laws, but the Senate in the legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.

See our "Branches of Government" infographic to find the checks and balances you see illustrated.

Australian Parliament House. Source: JJ Harrison

​The Separation of Powers in the Constitution divides the institutions of government into three groups. These are the Legislature, the Executive and the Judiciary. The legislature is better known as the Parliament, which debates and makes laws. The Executive Government, which we usually refer to as ‘the government’, recommends new laws and puts them to the Parliament. The Judiciary applies and interprets the law. French philosopher Montesquieu said the King’s power must be limited  Every person with power is apt to abuse it. To prevent this, power should be a check to power. When the legislative and executive powers are the same person there can be no liberty. The monarch might enact tyrannical laws and execute them in a tyrannical manner.  (paraphrased) What is the Separation of Powers? Checks and balances on the people in our institutions of government mean none of them have too much power. The first three chapters of our give legislative power to Parliament, executive power to the Government and judicial power to the courts. What are the rules for each branch of government? The Parliament debates and makes laws that everyone in Australia must follow. The Executive Government implements laws once passed. Courts apply and interpret the law.  ​How do the three branches of government restrain each other? If the Government recommends a law unacceptable to Parliament, Parliament can refuse to pass it. If an unconstitutional law is made by the Parliament the Court can invalidate it. The Court can only rule on matters allowed by law or the Constitution. The separation of powers protects us Sometimes the Government is frustrated when Parliament does not pass legislation. And occasionally people complain about the Court striking down unconstitutional laws. But the system was deliberately designed this way to protect us from an abuse of power.  Click here to download a PDF of Principle 3: Separation of powers in detail Click here to read about the Separation of Powers High Court Case - Parliament cannot make laws to keep evidence from the High Court

This fact sheet explains the law-making process in the Australian Parliament. It also describes where ideas for laws come from and the history of law-making in the Parliament.

Laws are formal rules which society uses to define how people and organisations are expected to behave. Section 51 of the Australian Constitution gives the Australian Parliament the power to make laws in relation to certain matters. In Parliament, a bill is a proposal for a new law or a change to an existing one. Bills often seek to address an important issue facing the Australian community.

Path of a bill

A bill can only become a law if it is passed by a majority vote in the Senate and the House of Representatives. The bill must be agreed to in identical form by both the Senate and House, and given Royal Assent by the Governor-General. It is then known as an Act of Parliament. An Act specifies the date on which the new law will commence. Often this is the day after it receives Royal Assent.

Most bills are introduced into the House of Representatives and then sent to the Senate. Bills may start in the Senate, except for money and taxation bills. Most bills are introduced by government ministers; however, other members of parliament can introduce their own bills, known as private members' or private senators' bills.

It may take months or even years for a bill to pass through Parliament. However, an urgent bill can be passed in a matter of hours or days. Well over 100 bills are introduced into Parliament each year and about 90 per cent of government bills are passed into law.

Origins of bills

Bills can start in different ways:

• A government department may advise its minister about a specific problem that exists. The minister may then arrange for a bill to be drafted to fix the problem.
• Community groups, businesses or lobby groups may be interested in changing or improving a specific area of Australian law. They can approach members of parliament with suggestions for bills.
• Political parties have their own ideas about how Australia should be governed. In Parliament, parties introduce bills which aim to put their ideas into action.
• The Parliament can set up a parliamentary committee to examine a current issue. If the issue requires action, the committee may suggest that a bill be introduced.

History

The law-making process used in the Australian Parliament comes from the practices of the British Parliament, developed over many centuries. The word ‘bill’ probably comes from the Latin word bulla, meaning ‘seal’. In medieval times, seals were put on documents written by a king or person in authority. During the 16th century in England, the word ‘bill’ came to mean a draft for an Act of Parliament.

The practice of the Clerk reading the bill aloud 3 times dates back to the early British Parliament, before printing was invented and many people could read. The Clerk had to read the bill aloud so that members of parliament knew what the bill was about. Today bills still go through 3 ‘readings’ but the Clerk only reads the title of the bill.

Parliamentary Education Office (peo.gov.au)

This diagram illustrates the usual path of a bill through the Australian Parliament to become Australian law.

In the House of Representatives a bill goes through the following stages:

• 1st reading—the bill is introduced to the House of Representatives.
• 2nd reading—members debate and vote on the main idea of the bill.
• House committee (optional stage)—public inquiry into the bill and reporting back to the House.
• Consideration in detail (optional stage)—members discuss the bill in detail, including any changes to the bill.
• 3rd reading—members vote on the bill in its final form.

The bill is passed in the House of Representatives and sent to the Senate.

Senate referral—the Senate may refer the text of the bill to a Senate committee for inquiry (this can happen while the bill is in the House).

In the Senate a bill goes through the following stages:

• 1st reading—the bill is introduced to the Senate.
• 2nd reading—senators debate and vote on the main idea of the bill.
• Senate committee (optional stage)—public inquiry into the bill and reporting back to the Senate.
• Committee of the whole (optional stage)—senators discuss the bill in detail, including any changes to the bill.
• 3rd reading—senators vote on the bill in its final form.
• The bill is passed in the Senate.

The bill is given Royal Assent—The Governor-General signs the bill.

The bill becomes an Act of Parliament—a law for Australia.

Parliamentary Education Office (peo.gov.au)

This image shows the different sections of a bill. The top third shows the bill title and year. The middle third shows an excerpt from bill clauses and sub-clauses. The bottom third shows excerpts from bill definitions.

Parliamentary Education Office (peo.gov.au)

This diagram illustrates the role of executive government in turning policy into law.

1. The executive government decides policy then drafts and introduces bills to the Parliament.

2. Bills are considered by the Parliament.

3. If passed by the Parliament, the bills are approved by the Governor-General.

4. Bills become Acts of Parliament and therefore laws, which are administered by government departments.