Chapter 21 - Relations
with the House of Representatives
In a bicameral
system the conduct of relations between the two houses of the
legislature is of considerable significance, particularly as the houses must
reach full agreement on proposed legislation before it can go forward into law,
and action on other matters also depends on the houses coming to agreement.
In practice, under the system of government as it has developed in
Australia, relations between the two Houses are relations between the Senate
and the executive government, as the latter, through its control of a
disciplined party majority, controls the House of Representatives. This chapter
could well have been combined with Chapter 19, Relations with the Executive
Government. There is value, however, in treating the matter on the basis of the
constitutional assumption of dealings between two representative assemblies, as
this pattern may in certain circumstances, for example, a government in a
minority in the House, reassert itself.
The Constitution contains some provisions regulating relations between
the Houses:
-
section
53 provides some rules relating to proceedings on legislation
-
section
57 provides for the resolution of certain disagreements between the Houses in
relation to proposed legislation by simultaneous dissolutions of the Houses.
The rules contained in section 53 are dealt with in Chapter 12,
Legislation, and Chapter 13, Financial Legislation. Simultaneous
dissolutions under section 57 are dealt with in this chapter.
The standing orders of the Senate provide more detailed rules for the
conduct of relations between the Houses, particularly in relation to
legislation. In so far as these rules regulate relations between the Houses
generally, they are also dealt with in this chapter, and in so far as they
relate to legislation they are dealt with in more detail in chapters 12 and 13.
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