Understanding Constitutional Amendments In Section 5

Section 5 of the Australian Constitution Act empowers the Governor-General of Australia to prorogue the Australian Parliament, bringing the current legislative session to an end. This process, known as prorogation, clears all pending business before Parliament and allows the houses to be called back on a specific date without triggering an election. The Governor-General has the authority to appoint times for parliamentary sessions and can also dissolve the House of Representatives. This section outlines the procedures for summoning Parliament, including timelines after general elections and the establishment of the Commonwealth.

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Governor-General can end legislative sessions

Section 5 of the Australian Constitution gives the Governor-General the power to end legislative sessions by proroguing Parliament. This means that the Governor-General can bring the current legislative session to a close and clear all pending business before Parliament. The Governor-General may then summon Parliament to meet again on a specified date without triggering an election. This power is significant as it allows the Governor-General to control the timing of parliamentary sessions and ensure that Parliament meets within a certain timeframe.

The specific wording of Section 5 states that the Governor-General may "appoint such times for holding the sessions of Parliament as he thinks fit". This means that the Governor-General has the discretion to decide when Parliament will meet and can prorogue Parliament "from time to time" as they see fit. This power can be exercised by Proclamation or other means.

The Governor-General's power to prorogue Parliament is not without limits. For example, after a general election, Parliament must be summoned to meet within 30 days of the day appointed for the return of the writs. Additionally, after the establishment of the Commonwealth, Parliament must be summoned to meet within six months. These provisions ensure that the Governor-General cannot indefinitely prorogue Parliament and must allow for its timely reconvening.

The practice of proroguing Parliament has been used on several occasions in Australian history. For example, in 2016, the Turnbull government relied on Section 5 to reconvene the Australian Senate a week earlier than the date agreed upon by the majority of Senators. This demonstrates how the Governor-General's power to end legislative sessions can be used to override the decisions of Parliament and exert executive control over the legislative process.

Overall, the Governor-General's power to end legislative sessions by proroguing Parliament is a significant aspect of Section 5 of the Australian Constitution. It grants the Governor-General considerable discretion in managing the timing of parliamentary sessions and can be used to influence the legislative process. While there are some limitations on this power, its use can have important implications for the functioning of Australian democracy.

Governor-General can dissolve the House of Representatives

The Governor-General can dissolve the House of Representatives in Australia. This is a power assigned to them by Section 5 of the Constitution. However, in practice, the Governor-General only dissolves the House of Representatives on the advice of the Prime Minister.

The House of Representatives is the lower house of the bicameral Parliament of Australia, with the Senate forming the upper house. The two houses have almost equal legislative power, with the Senate able to reject but not amend appropriation (money) bills, which must originate in the House of Representatives.

A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in Parliament between the two houses. A double dissolution is the only circumstance in which the entire Senate can be dissolved. If the conditions (called a trigger) are satisfied, the Prime Minister can advise the Governor-General to dissolve both houses of Parliament and call a full election.

There have been seven double dissolutions of the Australian Parliament: 1914, 1951, 1974, 1975, 1983, 1987, and 2016. The most famous double dissolution occurred in 1975. Prime Minister Gough Whitlam did not want a double dissolution election, however, Governor-General Sir John Kerr dismissed the government and, on the advice of caretaker Prime Minister Malcolm Fraser, dissolved Parliament.

Parliament must be summoned after a general election

Section 5 of the Australian Constitution outlines the Governor-General's authority to prorogue the Australian Parliament, bringing the current legislative session to a close. This power is not to be taken lightly, as it clears all pending business before Parliament and allows for a fresh start on a specified date without the need for an election.

One of the key provisions of Section 5 is the requirement for Parliament to be summoned after a general election. Specifically, it states that "after any general election, Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs." This ensures a timely resumption of parliamentary activities following an election, allowing for the formation of a new government and the continuation of legislative work.

The Governor-General plays a crucial role in this process, as they are responsible for appointing the times for holding parliamentary sessions. They have the power to prorogue Parliament and dissolve the House of Representatives as they see fit. However, since 1990, it has become common practice for the Parliament to be prorogued on the same day that the House is dissolved, preventing the Senate from sitting during the election period.

The Turnbull government provides an example of the application of Section 5. In 2016, the government used this section to reconvene the Australian Senate a week earlier than the date agreed upon by the majority of Senators, demonstrating the significant influence this section wields in shaping parliamentary proceedings.

In conclusion, Section 5 of the Constitution, with its provision for summoning Parliament after a general election, ensures the continuity of Australia's legislative process. It grants the Governor-General the authority to manage parliamentary sessions, including the ability to prorogue and dissolve the House, shaping the landscape of Australian politics.

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Prorogation clears pending business in Parliament

Section 5 of the Australian Constitution empowers the Governor-General of Australia to prorogue the Australian Parliament, thereby ending the current legislative session. Proroguing is distinct from dissolution, which removes all serving MPs and triggers an election. Proroguing does not trigger an election and allows the houses to be called back on a specific date.

Proroguing is the formal ending of a parliamentary session. In the Westminster system of government, it refers to the action of interrupting a parliament or the discontinuance of meetings for a given period. Proroguing clears all pending business before Parliament. This means that all pending notices, bills, motions, resolutions, petitions, and other matters lapse.

In the Constitution of ancient Rome, prorogatio was the extension of a commander's rule beyond their one-year term. This usage is unrelated to the modern parliamentary term. In the modern context, proroguing is a power held by the Governor-General in Australia, the President in Pakistan, and the monarch in the UK. In India, the President has the power to prorogue either of the Houses of Parliament, and the Speaker of the House of the People or the Chairman of the Council of States can also prorogue their respective houses if the President fails to summon a session within three months.

The practice of proroguing has evolved over time. In Australia, before 1977, it was common for the Commonwealth Parliament to have multiple sessions within the same Parliament, with prorogation at the end of each session. However, this practice gradually fell into disuse, and from 1978 to 2013, all Parliaments had a single session. Since 1990, it has been standard for the Parliament to be prorogued on the same day that the House is dissolved, preventing the Senate from sitting during election periods.

Commonwealth laws bind courts, judges, and people of every state

Section 5 of the Australian Constitution Act, also known as the Sessions of Parliament, outlines the powers of the Governor-General of Australia regarding the prorogation of Parliament. The Governor-General is empowered to end the current legislative session and may appoint times for holding parliamentary sessions as they see fit. This action clears all pending business before Parliament and allows for the houses to reconvene on a specified date without triggering an election.

One notable example of Section 5 being invoked was in 2016, when the Turnbull government relied on this section to reconvene the Australian Senate a week earlier than the date voted on by the majority of Senators.

While Section 5 primarily addresses the Governor-General's role in proroguing Parliament, it is also worth highlighting Clause 5 of the Commonwealth of Australia Constitution Act, which pertains to the "Operation of the Constitution and laws." Clause 5 establishes that the Act and all laws made by the Parliament of the Commonwealth under the Constitution are binding on the courts, judges, and people of every state and part of the Commonwealth. This clause supersedes any conflicting state laws and ensures the uniform application of Commonwealth laws throughout Australia.

The clause also extends the reach of Commonwealth laws to British ships (with the exception of the Queen's ships of war) that have their first port of clearance and port of destination within the Commonwealth. This provision ensures that Commonwealth laws are not only binding within the states but also on certain ships entering and departing from Commonwealth ports, further reinforcing the legal framework established by the Constitution.

In summary, while Section 5 primarily addresses the Governor-General's powers regarding parliamentary sessions, Clause 5 of the Commonwealth of Australia Constitution Act underscores the binding nature of Commonwealth laws on the courts, judges, and people of every state and the extension of these laws to specific ships entering and departing from Commonwealth ports.

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