Separation Of Powers Doctrine In Australia

Political thinkers Rousseau, Locke and Montesqieu claimed that the powers of government should be limited, divided and checked. The principle is that there should be a division of government executive, legislative and judiciary powers into three separate arms or institutions that act separately and are independent of one another (members of one branch cannot be members of either of the other two). Australia’s constitution separated powers by delegating the legislative power to Federal parliament (s.1), executive power to the Governor General (s.61) and the Judiciary to the High Court (s.71). However due to Westminster conventions (adopted from the British system of parliament) commonly practiced by the Australia government, the members of the executive (cabinet) are selected from the legislative by the Prime Minister (going against the concept of having no cross-branched members). The PM (also Westminster convention) is not mentioned in the constitution and yet exercised executive power; for example in 2003 PM John Howard exercises (s.68) by sending troops to Iraq. The constitution also provides the executive with the power to appoint the High Court Judge (s.72) and thus is could be argued that the executive has power over the Judiciary in that sense; However the constitution actively safeguards the position of the Judiciary by stating the High Court Judge “Shall not be removed except by the Governor-General in Council, on an address from both Houses of the

In the Australian constitution the Queen holds the executive power and also has legislative power. The Governor General is appointed by the Queen and is also the commander-in-chief. Another difference between the two countries is the Australian judicature. The High Court of Australia does not have the power of judicial review. Ultimately, in Australia the parliament and the prime minister have the complete power.

(doc b) This is called the Separation of Powers. The separation of power guards against tyranny. There are 3 separate departments of power, legislative, judicial, and executive. (doc b) Legislative makes the laws, judicial makes sure that laws are constitutional, and the executive which includes the president, enforces the laws. If you separate these powers then you guard against tyranny. (doc

”Liberty required that the three great department of power should be separate and distinct.” The Legislative, Executive,and Judiciary are the three powers of department. By separating the powers provides a safeguard by ensuring all the government powers do not fall into the hands of a group or a single person. Each power has their own rules, running style, and different types of power to rule. Therefore Separating the Powers provides a stable society and country.

Despite the negative implications of the separation of powers - such as the possibility of gridlock or standstill between the branches causing governmental paralysis, it is absolutely vital to the government. Almost all democracies have some scheme of separation of powers to some degree. For example, Italy has a separate constitutional court for reviewing cases dealing with constitutional issues.

The doctrine of the separation of powers is an important principle in Constitutional law. The separation of the legislature is the power to make laws; the executive is the power to administer the laws; and the judiciary is the power to interpret and enforce laws that is constructed through the Commonwealth of Australia.

In 1787, the founding fathers of our great nation developed the Constitution. The Constitution was not only a document, but a new beginning for our nation. By introducing a completely new ruling document for the United States of America, many different opinions arose. To establish widespread support of the Constitution, many provisions such as the separation of powers were included to limit the power of the central government. Separation of powers is a fundamental element of our nation that was introduced by the philosopher, Montesquieu. The element of separation of powers is embodied in the Constitution within Articles I, II, and III by establishing three branches of government. The three branches are supposed to act independently of one another

The American Constitutions set the four basic principles, which are separation of powers, Federalism, doctrine of supremacy of constitution, equality for all citizens to prevent tyranny. 1. Separation of Powers The state power is separated into three branches: executive, legislative and judicial. Each branch remains independent.

Separation of power refers to the ways through which the executive, judiciary, and legislature arms of the government are distinct in their operations. It is important in the American government as it enhances the activities of the government in an efficient manner

I chose to write my paper on the Separated Powers. I felt that this was a crucial and very important piece in the Federalist Papers but also what makes this world work. It has been over two hundred years since the Founding Fathers gathered in Philadelphia, PA to rewrite the constitution, while rewriting the Constitution, there was one change that they wanted to make most of all and that was within the new government there would be a Separation of Powers of each branch of government. They wanted to develop a system that was fair and equal to all and the other part was making a government that was centered around the Federal government and instead of being centered solely around the state. In order to accomplish this kind of a government it

Executive power is represented by the ministry which administers and implements the laws. This chapter represents the separation of powers by creating a separate governing branch, it identifies who is in the executive and outlines their roles and responsibilities. Chapter III creates the judicature. The judiciary interprets and applies the laws. Section 71 outlines the judicial power vested in the High Court of Australia.

The boil makers case and others such as Drake vs minster for immigration and ethnic affairs in the case it was held by the federal court of Australia that it is not unconstitutional for a federal judge to be appointed in a personal capacity as a member of the administrative appeal tribunal. In many cases it has been evident that the absolute separation of power cannot be done in the practical scenario as easily as in theory because of the complex nature of society and the clashes or influence of three bodies on the function of each other is very much possible and certain. For instance judges questioned their function and task outside their judicial power for executing congress regulating claims to invalid pension. In recent time in some cases it also viewed that high court is playing political role in Australia as evidenced by its interpretation of the Constitution in

The U.S. Federal system primarily composed of three major branches of powers. The purpose of these separation of powers is to share responsibilities, and to avoid a government that is in full control of power. The first division is the legislative, composed by the Senate and the Congress. Their main responsibility is to make and amend the laws. The second power is the executive that includes the president. The main responsibility of the executive power is to put the laws into action. Thirdly, there is the judicial power that includes the Courts and their responsibility is to be sure that the other powers are doing their job in the right way. There are powers that include responsibilities that are strictly designed for the Federal or national

The separation of powers is the legislature, executive and judiciary arms of government. The parliament are our lawmakers, the representative of parliament is selected by people of society to represent the people (indirect democracy). The laws enacted through parliament are called acts or statutes. Parliament can pass laws that can override judge made laws and it can revoke and take away authority given to government department. The separation of powers is referred to as a principle that not only divides power but also provides a system of checks and balances.

The independence of the judiciary is based on the doctrine of separation of powers which talks about the separation of power between the legislature, executive and the judiciary which means that function of judicial system of country should be independent from the executive, the legislature and from political pressure of country. Originating in the writings of the “French philosopher Montesquieu and the American statesmen Madison”, the notion of separation of powers stems from the belief that “the best way to control government power is to divide it among the various branches of government — the legislative, executive and judicial branches” (Motala, 1995: 506). The three branches of government must be functionally separate and refrain from interfering with the functions of one another. TAs per the doctrine of separation of power all the three Executive, Legislation, and Judiciary should work independently and should not encroach on function of each other. Judiciary should be free from the influence of the executive so that justice can be provided to the aggrieved parties. Executive should not interfere or exercise con¬trol over the working of courts.