A Comparison of the Australian and United States Federal Legislatures

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A Comparison of the Australian and United States Federal Legislatures

At first glance, both Australia and the United States of America (USA) appear to have similar political systems. They are both federated nations and both have an elected House of Representatives and Senate. However, Australia is a constitutional monarchy and the USA is a republic. The parliamentary and executive aspects of Australia’s political system are derived from England, while the Australian federal design is derived from the USA, the first federal nation. This Closer Look compares the major features of both political systems and is intended for students studying the world’s political systems.

Main points

The similarities and differences between the two political systems can be identified by examining each nation’s:

·  written constitution

·  election processes and systems of representation

·  appointment of the head of state

·  composition of the Executive and the Legislature

·  operation of the Executive and the Legislature

·  party system.

1.  Constitution

Origins Australia

The Australian Constitution was drafted during five conventions in 1890, 1891, 1897 (twice) and in 1898. It was approved by popular referendum and came into force under an Act of the British (Imperial) Parliament in 1900 as the Commonwealth of  Australia Constitution Act which gained royal assent on 9 July 1900.       

 Origins United States

The US Constitution was written by 55 state delegates at a convention in Philadelphia in 1787. It was adopted by the convention and approved by all 13 states (nine were needed to make it effective). The Constitution was declared in effect on the day of George Washington’s inauguration—30 April 1789—also the day that Congress first met in session.

 Executive power

The Australian Constitution vests executive power in the Queen. This power is exercised by the Australian Governor-General. By convention, the leader of the party or parties which control the House of Representatives is commissioned by the Governor-General to form a government. Ministers are either chosen by party leaders or elected by the parliamentary party (as defined by the party constitution). Portfolios are allocated by the Prime Minister.        Executive power

The US Constitution vests executive power in the President. The President nominates the members of his or her Cabinet and other senior executive branch officials, many of whom must be confirmed by the Senate.

 Separation of powers

The Australian Constitution describes the separate legislative, executive and judicial arms of Australian governance. Australia has a limited separation of powers. The Executive comes from within the parliament—in fact the Constitution says that ministers must be members of parliament—or else become members of parliament soon after appointment. The Judiciary however, is quite separate.           Separation of powers

The American Constitution describes the separate legislative, executive and judicial arms of United States governance. It prohibits members of the House of Representatives and senators from holding an executive office. Similarly, members of the Cabinet may not be members of the Legislature.

 Amending

A proposed amendment to the Australian Constitution can only be advanced if the amendment proposal is approved by an absolute majority vote of each house of parliament. The proposal is then taken to Australian voters in a referendum.

For the change to be agreed it must gain the support of:

·  a majority of voters in a majority of states

·  a majority of all voters.

A proposed amendment to the American Constitution may begin its path if:

·  two thirds of both houses of Congress support it, or

·  two thirds of the state legislatures call a conv ention to consider it.

The amendment is passed if it is ratified by three-quarters of the state legislatures or by conventions in three-quarters of the states. (In fact conventions have never been used, so in effect, the amendment