11.5 The Seperation of Powers

seperation of powers

a doctrine established by the constitution that ensures the three powers of our parliamentary system (executive, legislative, judicial) remain seperate

exective power

power to administer the laws and manage the business of government which is vested in the Govenor-General / Govenor as the King’s representative

often carried our by the Prime Minister (or premier), senior ministers and government departments

legislative power

power to make laws, which resides with the parliament

vested in federal and state parliaments

judicial power

power given to courts and tribunals to enforce the law and settle disputes

judiciary

legal term used to describe the courts which have the power to apply and interpet the law

2 powers that combine at federal level

executive and legislative

2 powers that must be kept seperate

legislative and judicial

reasons for seperation of powers

• prevents power from being concentrated in one set of hand and helps protect individual rghts by providing check and balanes on the power of parliament

• no body can make law, administer law and also rule on its legality

strengths of seperation of power

• courts can cencel laws if parliament goes beyond its constitutional powers

• judges aren’t tied to political parties- can act impartially without worrying about elections or government pressure

• certain government workers cannot be MPs- keeps the executive from controlling too much

• seperation is written into the constitution so it can only be removed by referendum

weaknesses of seperation of power

• in practice, executive and legislative are closely linked which can weaken seperation

• government chooses judges, can make people believe parliament is influencing the courts

• courts can check parliament if someone bring a case forward, which is expensive and difficult

• Constitution’s seperation of powers doesn’t apply to state government in the same way, so it’s not consistent across Australia