The Separation of Powers

Question 1

Describe 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

What are ‘checks and
balances’?

Answer 2

The main function of the separation of powers is the provide a system of
checks and balances. Checks that allow each branch of government to limit the power of the
others. Balances so that the power to make laws and rule is equally balanced
between the arms of government.

Question 3

Does Australia have a ‘pure’
separation of powers?
Why / Why not?

Answer 3

Australia does not have a ‘pure’ separation of powers due to the fact that the
‘government’ (executive) is formed from parliament (legislature)

Question 4

What are the roles of each
branch of government?

Answer 4

• 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).