Why do we separate the powers of government
Australia abides by the rules set by the Australian Constitution. The first three chapters of the Constitution are headed respectively "The Parliament", "The Executive Government", and "The Judicature". These chapters define the doctrine of the separation of powers and give us the names for each political branch; Legislature, Executive and Judiciary. This has been inherited by the British Westminster system upon which Australia’s political system is based.
The separation of powers doctrine is an essential principle of law that ensures that all three political branches of government remain separate so that no one political force may wield too much political power. The Commonwealth of Australia Constitution Act 1900 (The Constitution) gives each branch powers to limit and keep in check the other’s power.
However, the Australian government does not strictly comply with the separation of powers doctrine because the executive and legislature are not completely separated. The Constitution incorporates responsible government in which the legislature and the executive are effectively untied. Australia maintains the principles that the executive be responsible to the legislature yet Ministers are members of both the executive and legislature. This means that the legislature may confer and delegate legislation to the executive government. This paper will continue on to explain in depth why the legislature, executive and judiciary powers are separated in the Australian political system.
The power to make and manage federal law is divided between these three branches.
The legislative power lies within the Parliament of Australia, which consists of three constituent parts: the Sovereign (King or Queen), who is represented by the Governor-General of Australia; the House of Representatives; and the Senate. ‘The Legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and
The separation of powers doctrine is an essential principle of law that ensures that all three political branches of government remain separate so that no one political force may wield too much political power. The Commonwealth of Australia Constitution Act 1900 (The Constitution) gives each branch powers to limit and keep in check the other’s power.
However, the Australian government does not strictly comply with the separation of powers doctrine because the executive and legislature are not completely separated. The Constitution incorporates responsible government in which the legislature and the executive are effectively untied. Australia maintains the principles that the executive be responsible to the legislature yet Ministers are members of both the executive and legislature. This means that the legislature may confer and delegate legislation to the executive government. This paper will continue on to explain in depth why the legislature, executive and judiciary powers are separated in the Australian political system.
The power to make and manage federal law is divided between these three branches.
The legislative power lies within the Parliament of Australia, which consists of three constituent parts: the Sovereign (King or Queen), who is represented by the Governor-General of Australia; the House of Representatives; and the Senate. ‘The Legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and