Separation of Powers

Question 1

Define Separation of Powers

Answer 1

The political practice of assigning three seperate functions of the legal system to seperate bodies

Question 2

Legislative powers (Who has them and What are they)

Answer 2

The parliament hold legislative powers which means that they are able to create laws and also determine how the laws will be put into place.

Question 3

Executive powers (Who has them and What are they)

Answer 3

The governor general and senior ministers hold executive powers which means they have the power to administer the laws and manage the business of government.

Question 4

Judiciary powers (Who has them and What are they)

Answer 4

The high court and other courts hold judiciary powers which means that they have the power to adjudicate and interpret the laws as well as resolve disputes and determine the validity of legislation.

Question 5

How does the S.O.P restrict the commonwealth governments power?

Answer 5

Separation of powers prevents power being concentrated in one branch of government.
It provides a series of checks and balances on the power of government so that no branch can both make law and also rule on the law

Question 6

2 Disadv of the S.O.P

Answer 6

1. The overlap between the legislative and executive branch can reduce the scrutiny provided. 2. The constitution only enshrines the separation of powers at a federal level, so each state has the choice to adopt it or not

Question 7

2 Adv of the S.O.P

Answer 7

1. As the Senate is normally controlled by the opposition, the legislative normally closely reviews decisions of the executive arm which provides for more heavily scrutinised laws. 2. The Judicial branch is independent from the other two arms meaning absolute power is prevented.