QCE Legal Studies - Unit 3 - Governance in Australia
Parliament, Crown and Law-Making | QCE Legal Studies
Learn QCE Legal Studies parliamentary law-making, the Crown, houses of parliament, majority and minority government, and Queensland's unicameral system.
Updated 2026-05-18 - 6 min read
QCAA official coverage - Legal Studies 2025 v1.3
Exact syllabus points covered
- Explain the role of the Crown, upper and lower houses of parliament, and the legislative process.
- Explain implications of the unicameral parliament in Queensland and implications of single majority, double majority and minority governments.
- Explain and analyse strengths and weaknesses of parliament as a law-making body.
Parliament is the supreme law-making body in the Australian legal system, but it does not operate by simply announcing rules. Bills move through a structured process, governments need political support, committees review proposals, and the Crown gives formal assent.
Original Sylligence diagram for legal law making process.
Role of the houses
At the Commonwealth level, Parliament is bicameral. The House of Representatives is where government is formed. The Senate reviews, debates and may reject or amend bills. A bicameral system can improve scrutiny because a second chamber checks the first.
Queensland is different. It has a unicameral parliament, meaning only one house: the Legislative Assembly. This can make law-making faster and reduce deadlock. However, it also removes the review role that an upper house can provide, so committees and public consultation become especially important.
The Senate is often described as a house of review because it can slow, amend or reject many proposed laws. It is not identical to the House of Representatives though. For example, money bills are treated differently, and government is formed in the lower house rather than the Senate. That distinction matters when evaluating democratic accountability: the Senate improves scrutiny, but it can also frustrate a government that claims an electoral mandate.
Majority and minority government
A majority government controls more than half the seats in the lower house. This usually makes it easier to pass bills and implement policy. A minority government does not control a majority alone and must negotiate with independents or minor parties.
Minority government can increase negotiation and scrutiny, but it can also create uncertainty or make reform harder. The key is not to treat majority as always good or minority as always bad. Evaluate the specific legal issue.
A government can also face a hostile Senate, where the upper house is controlled by opposition parties, minor parties or independents. This can produce better debate and compromise, but it can also create deadlock. Senate voting uses proportional representation, so smaller parties and independents often have more influence there than in the House of Representatives.
Role of the Crown
Australia is a constitutional monarchy. The Governor-General at the Commonwealth level and governors at the state level represent the Crown. Their ordinary role includes giving royal assent to bills so they become Acts. In most situations they act on advice, but reserve powers exist for exceptional constitutional situations.
The Crown also appears in formal language such as "the Crown" in criminal prosecutions. In governance, focus on the Crown as part of the constitutional structure rather than treating it as everyday political leadership.
Important Crown functions include issuing writs for elections, giving royal assent, appointing ministers on advice, issuing royal commissions, dissolving parliament, supporting joint sittings after certain deadlocks, and in exceptional circumstances using reserve powers. These powers are mostly formal or convention-based, but they matter because they show that Australian law-making has legal procedures as well as political debate.
The 1975 dismissal of Prime Minister Gough Whitlam is the classic example of reserve powers being controversial. You do not need to retell every historical detail. The exam value is the principle: the Governor-General's dismissal power exists, but using it raises difficult questions about democratic mandate, responsible government and constitutional convention.
A double dissolution is another reserve-power topic. If the House of Representatives and Senate reach a serious legislative deadlock under the constitutional process, both houses may be dissolved and an election held. If the deadlock continues after the election, a joint sitting may be used to resolve the issue. The exam point is that bicameral disagreement has a legal mechanism, but using it is politically significant.
How a bill becomes law
The process varies between jurisdictions, but the basic pattern is:
- First reading: the bill is introduced and its title is read.
- Explanatory material and a second reading speech explain the purpose.
- Committee scrutiny may occur, including public submissions and expert evidence.
- Committee report: findings and recommendations are returned to parliament.
- Second reading debate: members debate the principle and policy of the bill.
- Consideration in detail: clauses may be debated and amendments proposed.
- Third reading: the house votes on the final bill.
- In a bicameral parliament, the bill moves to the other house.
- If passed, the bill receives royal assent.
- The Act commences, either on assent, on a stated date or by proclamation.
In Queensland, explanatory notes and statements of compatibility with human rights can be important because they show how a proposed law is justified and scrutinised.
Because Queensland has only one house, committee review carries more weight than it might in a bicameral system. It is one of the main ways stakeholders can give evidence before the law is finalised. A rushed committee process can therefore weaken accountability even if the bill passes lawfully.
Strengths of parliament
Parliament can respond to broad social issues, create comprehensive legislation, investigate problems through committees and pass laws that apply generally across society. It also has democratic legitimacy because members are elected.
Parliament can override common law by passing legislation, subject to constitutional limits. That makes it powerful when reform needs a clear statutory framework.
Weaknesses of parliament
Parliament may be slow when issues are politically controversial. It may be influenced by party politics, lobbying or short election cycles. Minority groups may not have enough political influence. Broad legislation can also create unintended consequences.