The Doctrine Of Separation Of Powers Essay

1010 Words Oct 18th, 2015 null Page
C Parliamentary Sovereignty v Bikie Laws

The doctrine of separation of powers works alongside that of parliamentary sovereignty, in that the parliament decisions reign of all others. In practice, the parliament can enforce and create laws that override court decisions, which the court has to enforce. The laws being enforced in the case of R v Brown, enacted by the Queensland Parliament include mandatory requirements for the courts, such as mandatory refusal of bail. These target those who are alleged bikie members, bikie members or members by association. This limits the unfettered independent decisions of the courts, as they now must follow the obligatory sentences set by the laws of Parliament. This blurs the lines of separation of powers and the independency of the courts to make their own decisions in regards to findings of guilt and sentences. Rather than judges taking into account their own independence and experience to make decisions consistent with their judgment, their decision-making discretion is now restricted, undermining the principle of rule of law. In Polyukhovich v Commonwealth, it was held that the power to decide if someone is guilty should be vested in the courts and not the parliament. Furthermore, deciding a persons liberty should lie with the courts, as decided in Thomas v Mowbray. The laws enacted by the Queensland Parliament contradict these principles, and although they may fall in line with parliamentary sovereignty, they deny the true…

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