Chapter 11.5

Question 1

separation of powers

Answer 1

Separation of powers is a principle established by the commonwealth constitution that ensure that the 3 main function performed by the Australian parliamentary system are kept seperate and operate independently of each other to ensure that no one body has absolute power over the function of the legal system
The 3 powers include:
- executive power
- legislative power
- judicial power

Question 2

executive power

Answer 2

Executive power is the power to administer the laws and manage the business of government.
This executive power is held by the governor general at a commonwealth level and the governor at the state level.
(This is shown in section 61 of the Australian constitution)

Question 3

the australian constitution- section 61 executive power

Answer 3

Section 61 of the Australian constitution states that executive power of the commonwealth is vested in the queen and exercisable by the governor general as the queens representative.

Question 4

legislative power

Answer 4

Legislative power is the power to make laws.
section 1 of the constituion states that the legislative power of the commonwealth is vested in the federal parliament and at a state level the legislative power is vested in each of the state parliaments

Question 5

combination of legislative and executive power

Answer 5

In Aus the legislative power and the executive power are combined, the power to administer the law and carry out the business of government is in the hands of the cabinet

Question 6

the cabinet

Answer 6

The Cabinet consists of the prime minister and
senior ministers whose main role is to decide on general
government policy and formulate proposed laws to be introduced to parliament.

Question 7

judicial power

Answer 7

Judicial power is the power given to courts and tribunals to enforce the law and settle disputes. Section 71 relates to this

Question 8

The Australian Constitution – section 71
Judicial power and Courts

Answer 8

Section 71 states that the judicial power of the Commonwealth shall be vested in the courts

Question 9

seperation of judical and legislative power

Answer 9

The legislative power and the judicial power must be kept separate. Only a court or tribunal has the
power to decide if a law has been breached. It is the role of the High Court to
decide disputes on issues involving the Constitution.

Question 10

reasons for the seperation of powers

Answer 10

The principle of separation of powers prevents power from being dealt with in one set of hands and helps to protect individual rights by providing checks and balances on the power of the parliament.
- The independence of the judiciary must be preserved

Question 11

strengths of the seperation of powers

Answer 11

• Seperation of powers is entrenched in the constitution meaning it cannot be abolished without a referendum.
• Allows for executive to be scrutinised by legislature
• judiciary is independent from both parliament and government
• While parliament is the supreme law-makng
  body, the judiciary (courts) have the power
  to invalidate, strike down or declare void a
  statute that has been passed by parliament
  beyond its law-making power.

Question 12

weakness of the seperation of powers

Answer 12

• legislative and executive are combined which can decrease the check of the seperation of powers.
• Judges are appointed by the executive. (their choices may be bias)
• seperation of powers is only provided at a federal level not a state level
• The separation of powers in the Australian
  Constitution does not extend to states,
  although the states separately provide for
  separation of powers in state constitutions or
  statutes.