Doctrine Of Separation
1. Explain the Doctrine of the Separation of Powers and how it operates in Australia
The Doctrine of Separation of Powers is widely used in many democracies around the world. It is based on the idea that in order to maintain civil liberty, there is a need to separate the institutions that make the law, those that execute it, and those which adjudicate the law. The concept was defined by Charles de Secondat, Baron de Montesquieu in Spirit of Laws1, this framework allows checks and balances in the system, with power divided into three branches of government ensuring that no individual branch is able to wield complete power, nor abuse it, thus protecting the liberty of the citizens.
“The dignity and stability of government in all its branches, the morals of the people and every blessing of society, depends so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislature and the executive, and independent of both, so that it may be a check upon both, as both should be checks upon that”2.
In Australia, the Doctrine of Separation of powers is constructed through the Commonwealth of Australia Constitution Act. The power to make and manage law is divided between the following three groups:
Legislative power3 – held by the Parliament, which makes and amends the law. The Australian Parliament is made up of the Queen, the Senate, and the House of Representatives.
Executive power4 – held by the Government, which puts the law into action. For Australia, the Government is made up of the Prime Minister and government ministers.
Judiciary power5 – held by the courts, which interpret and adjudicate the law. This is made up of the High Court and other federal courts.
The separation of powers in Australia work together with the principle of responsible government to ensure that the Executive, in this case the government, “is accountable to Parliament and must retain the confidence of the House of
The Doctrine of Separation of Powers is widely used in many democracies around the world. It is based on the idea that in order to maintain civil liberty, there is a need to separate the institutions that make the law, those that execute it, and those which adjudicate the law. The concept was defined by Charles de Secondat, Baron de Montesquieu in Spirit of Laws1, this framework allows checks and balances in the system, with power divided into three branches of government ensuring that no individual branch is able to wield complete power, nor abuse it, thus protecting the liberty of the citizens.
“The dignity and stability of government in all its branches, the morals of the people and every blessing of society, depends so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislature and the executive, and independent of both, so that it may be a check upon both, as both should be checks upon that”2.
In Australia, the Doctrine of Separation of powers is constructed through the Commonwealth of Australia Constitution Act. The power to make and manage law is divided between the following three groups:
Legislative power3 – held by the Parliament, which makes and amends the law. The Australian Parliament is made up of the Queen, the Senate, and the House of Representatives.
Executive power4 – held by the Government, which puts the law into action. For Australia, the Government is made up of the Prime Minister and government ministers.
Judiciary power5 – held by the courts, which interpret and adjudicate the law. This is made up of the High Court and other federal courts.
The separation of powers in Australia work together with the principle of responsible government to ensure that the Executive, in this case the government, “is accountable to Parliament and must retain the confidence of the House of