The separation of powers

separation of powers

a doctrine established by the Australian Constitution that ensures the three powers of our parliamentary system; judicial executive, legislative, remain separate

executive power

the power to administer the laws and manage the business of government, which is vested in the Governor General as the King’s representative. mentioned in s61 of the constitution

• gg

• prime ministers or senior ministers

• government departments

legislative power

the power to make laws, which resides with the parliament. s1 of the constitution

• senate

• house of reps

judicial power

the power given to courts and tribunals to enforce the law and settle disputes. s71 of constitution. Courts are independent of political influence.

• high court

• other courts

Reasons for the separation of powers

• prevents power from being too concentrated in one set of hands

• provides checks and balances on the power of parliament

• it keeps criminal guilt unpolitical

• judges can’t assist in laws they are enforcing

weaknesses

• in reality, legislative and executive powers are intertwined, meaning the separation of powers is ineffective as an ongoing check

• judges are appointed by the executive, meaning political views could filter into legal decision making

• it does not extend to states