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With reference to at least one (1) bill you have studied, assess the extent to which the lawmakingprocess of the Commonwealth Parliament upholds democratic principles. (8 marks)

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With reference to at least one (1) bill you have studied, assess the extent to which the lawmakingprocess of the Commonwealth Parliament upholds democratic principles. (8 marks)

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Solution

The Commonwealth Parliament of Australia upholds democratic principles in its lawmaking process to a significant extent. This can be demonstrated by examining the process of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, which legalised same-sex marriage in Australia.

  1. Representative Democracy: The bill was introduced by a member of parliament, reflecting the principle of representative democracy where elected officials represent the views of their constituents. The bill was a result of a national postal survey, where 61.6% of Australians voted in favor of legalizing same-sex marriage, showing that the bill was representative of the public's opinion.

  2. Rule of Law: The bill went through several stages of debate, amendment, and voting in both the House of Representatives and the Senate. This process ensures that all laws are carefully scrutinized and debated before they are passed, upholding the principle of the rule of law.

  3. Separation of Powers: The bill, once passed by both houses, received Royal Assent from the Governor-General, demonstrating the separation of powers between the legislative (Parliament), executive (Governor-General), and judiciary.

  4. Checks and Balances: The bill could have been challenged in the High Court if it was believed to be unconstitutional, demonstrating the system of checks and balances in place to prevent misuse of power.

  5. Transparency: The entire process was transparent and open to the public. All debates and votes were recorded and are publicly accessible, ensuring accountability of the lawmakers.

In conclusion, the lawmaking process of the Commonwealth Parliament, as demonstrated by the Marriage Amendment (Definition and Religious Freedoms) Act 2017, upholds democratic principles to a significant extent. However, it is important to note that the process can be influenced by political factors, and not all bills may reflect the public opinion to the same extent.

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