The separation of power

Question 1

WHAT IS THE SEPARATION OF POWERS?

Answer 1

The separation of powers means that the ‘power’ in a country is separated.

So, the ability to control the country and to make and administer laws does not sit with one person or group.

Usually the powers are separated into 2 or 3 ‘branches’ but there can sometimes have additional branches (such as electoral).

Question 2

WHY HAVE SEPARATION OF POWERS?

Answer 2

The main function of the separation of powers is the provide a system of checks and balances.
The separation of powers helps prevent corruption or abuses of power that may be unconstitutional or unfair.

Question 3

WHAT ARE CHECKS

Answer 3

Checks that allow each branch of government to limit the power of the others.

Question 4

WHAT ARE BALANCES?

Answer 4

Balances so that the power to make laws and rule is equally balanced between the arms of government.

Question 5

SEPARATION OF POWERS IN AUSTRALIA

Answer 5

Australia does not have a ‘pure’ separation of powers due to the fact that the ‘government’ (executive) is formed from parliament (legislature).
In Australia, the principle of the separation of powers distributes the power to govern between the Parliament, the Executive and the Judiciary.
The first 3 chapters of the Constitution define 3 mostly separate groups—the Parliament, the Executive and the Judiciary—and the roles they play in the governing of Australia.
The power to make and manage Australian law is divided between these 3 groups.
This division is based on the principle of the ‘separation of powers’.

Question 6

THE ROLES OF THE BRANCHES OF GOVERNMENT

Answer 6

The legislature is better known as the Parliament - debates and makes laws.

The Executive Government, which we usually refer to as ‘the government’ - recommends new laws and puts them to the Parliament.

The Judiciary or ‘the courts’ - applies and interprets the law ( and in some cases can create laws through court rulings).