2016-10-26 来源: 51Due教员组 类别: Report范文
As to the question compare to the United States, some people think that the process of making law in Australia is complex, actually, the process of making law in Australia is not much complex.
As it is known, legislation needs a quite complex process to be made, which is more formal than common law, and it is the same between Australia and the United States. In Australia, every law starts out as a bill, and this is a document that states a proposal for a new law or a change in the existing law; and in American, mostly Legislative law originates as a bill.
Firstly, in Australia, commonly, the idea of a bill is proposed by the government departments, party policy, or recent court case, but MP or community group may also put forward some ideas. When a Minister who represents the Government proposes, it calls 'Government Bill'. When the proposer stands for an individual, it is called 'Private Member's Bill'. And a bill becomes a Law after it is passed by both Houses of Parliament and the Governor-General, and then makes an effect. While in American just the Member of Parliament can propose a bill. From my point of view, it is necessary for different part of the society to have a right for proposing a bill and the process of making-law in Australia is open a door to the civil of the country,
Secondly, in Australia, sometimes a bill is passed through the House, but proposals may be changed. That is the same in American. However, these proposals in Australia are debated, and followed by a vote. The Government wins the votes, as a result of that Members of Parliament have to vote on one side that they are already told to support their party. However, there will be 'conscience vote', which means the Members can choose any way they like, whether the remaining party is voting for. In American is totally different, the bill will go through the proper committee(s) for some research after it is introduced. And the committee(s) may leave it aside which means the bill is "die", otherwise they may take further action such as report its findings to the members of House. In my opinion, the process of Australia is more reasonable.
Thirdly, in Australia, the bill will go through some processes, which is Giving a inform and then starts First Reading, stating a bill and followed with Second Reading, The Third Reading and Royal Assent. If the two Houses try to pass the bill in two times, but they cannot Reach an agreement yet, the bill may either be 'laid by', or especially that constitutional circumstances may result in a diploid disbandment. When both houses pass the bill, it will be proposed the Governor-General for agreement- if the bill in protocol, they will approve the act on the behalf of the imperator. On this point the bill becomes a proposed law of Parliament, and the 28th day after it receives assent will come into effect, unless another preferred date is specified. However, in American, when the bill read into the Congressional Record, it put in the Calendar and mentioned with Committee. The Committee then will marked the bill and may hold hearings to collect professional information. And then, the Committee will vote whether to amend the language proposed, to have reference for another Committee, or report to the full chamber in return. This report retrial in floor debate and then the Committee will hold a vote. Amendments and riders to the bill may be provided on the basis of the regulations of the chamber. What is more, both Chambers must have an agreement with a bill with the same language before it is delivered. At any time throughout this process, the bill will be aborted. In this condition, the president has to sign or to veto the legislation. After both chambers of Congress and the President approve the bill, or by a veto rewrite, the bill will become a ‘Public Law’ otherwise to become a ‘Private Law’. Obviously, the process of making law in Australia is simpler.
In summary, on the one hand, the proposer in Australia is reasonable, on the other hand, the debate about the proposing is also justice, and then the readings are more simple than American.