11.5 The Separation of Powers

The separation of powers

• a rule in the Australian Constitution that says there should be three different types of powers in government and each on should be kept secret

• makes sure no one person or group has too much power

• Acts as a check on parliament because no single branch of government should possess all government powers

legislative, executive and judicial

Legislative powers

The power to change and make laws

who: the house of representatives and the senate have this power

section 1

checks

• Parliamentary rules and procedures ensure laws are not made in secret or without adequate scrutiny

• Role of Governor General needing to give royal assent in order to pass laws

• Independent judiciary provides check of legislature - ensures that legislation is lawful and within the powers or legislature

• People have the ability to elect/re-elect members of parliament

Executive powers

The power to enforce the laws and put them into action

who: prime minister, ministers and the governor general

section 61

checks

• largest and most powerful branch of government - has the power and strength to enforce the law

• Independent judiciary ensures their actions are lawful

• Legislature holds them accountable for their decisions through parliamentary scrutiny and question time

Judicial Powers

The power to resolve disputes about the law, have the power to create common law, interpret Constitution, reviews decisions

who: judges and the courts

section 71

checks

• must be independent and impartial - so they can affective checks on the power of legislature and executive, allows them to make law on law not government policy

• have the power to strike down laws made by legislature that are outside their power

• must be impartial to administer justice fairly and equally to all