Separation Of Powers

Question 1

What is the separation of powers?

Answer 1

The splitting of the government into 3 separate branches to ensure their is no corruption or abuse of power.

Question 2

What are the branches of government?

Answer 2

The Legislature, The Executive, The Legislature

Question 3

Define the Legislature

Answer 3

The arm of government consisting of parliament. Therefore holding the House of Reps and the Senate. The powers of this arm are outlined in the constitution

Question 4

Define the Executive

Answer 4

Consists of the Prime Minister as well as all other ministers from cabinet. Policy is discussed before created within executive branch before passing it onto parliament.

Question 5

Define the Judiciary

Answer 5

Upholds and interprets Australian laws and constitution. Grants the High Court Power to uphold these laws. Members are impartial, free of interference.

Question 6

What are some important constitution articles regarding the Legislature?

Answer 6

s1, s2, s7, s24, s28, s51, s52, s53

Question 7

Define 3 Important constitutional articles regarding the legislature

Answer 7

s1: Legislative Power- Consists of Queen, Senate and HOR
s24: HOR members chosen by commonwealth, nearly as practicable holding double the members of senate
s51: Legislative Powers: power to make laws for commonwealth in respect to taxation, external affairs, referral to powers .

Question 8

What are some important constitutional articles regarding the Executive?

Answer 8

s61, s62, s64

Question 9

Define 3 Important constitutional articles regarding the executive

Answer 9

s61: Power of the commonwealth vested in Queens Rep, the Governor General
s62: Federal Executive Council to advise Governor General in government of commonwealth
s64: Governor General may appoint officers to administer departments of state of commonwealth, they hold office during pleasure of Governor General.

Question 10

What are some important constitutional articles regarding the Judiciary?

Answer 10

s71, s72,

Question 11

Define 2 Important constitutional articles regarding the judiciary

Answer 11

s71: Power of Australian courts vested in Federal Supreme Court (High Court)
s72: Judges appointed by Governor General, Can’t be removed by Governor General in council, only both houses of parliament in same session for misbehaviour or incapacity.

Question 12

When are Judiciary Judges Forced to Retire?

Answer 12

Term expiring upon entering age 70.

Question 13

What are Exclusive Powers

Answer 13

s52: Powers exclusive to that of the commonwealth, e.g. Seats of government

Question 14

What are concurrent powers?

Answer 14

s51: Powers exercised by commonwealth and state

Question 15

What are Express powers

Answer 15

Consitutional powers of Governor General on behalf of parliament.

Question 16

What are reserve powers?

Answer 16

Constitutional powers of Governor General in emergency circumstances

Question 17

What are residual powers

Answer 17

unmentioned powers federal have no control over. State exclusive powers e.g schools and hopsitals