Separation of Powers

Question 1

What is the Separation of Powers?

Answer 1

• Aims to keep separate the power of; making, implementing, and interpreting the law
• These powers of government were separated by the Australian Constitution to avoid injustice and power imbalance which could arise if too much authority is held by one sector. (Refers to the Rule of Law; ‘checks and balances of power’

Question 2

List the separation of powers

Answer 2

1. Legislative power
2. Executive power
3. Judicial Power

Question 3

Legislative Power

Answer 3

• Responsible for making and (if needed) amending the law
• Duty rests with the Commonwealth and State governments when parliaments are assembled
• Made up of the King (represented by Governor General), the Senate, and the House of Representatives

Question 4

Executive Power

Answer 4

• Carries out the law/puts law in action
• Involves the cabinet: Governor and the Ministers of the Government in the states, Governor general, and the Commonwealth Federal Ministers
• Police forces and other enforcement agencies are directed by Minister responsible for effective maintenance of law and order.

Question 5

Judicial Power

Answer 5

• Interpretation/judgement of the law
• Made up of the High court of Australia and other courts and tribunals
• Judges prohibited from being a member of parliament or of the executive arm of government