Importance Of Separation Of Powers In Australia

Australia is said to be a democracy and seen as being about the people, and fair for all. Thus, separation of powers was formed to make sure that this is the case. Separation of powers puts the institutions of government into three different branches. These branches are: The legislature which make the laws; the executive government put laws into action; and the third brach,the judiciary interprets the laws. Separation of Powers is said to be the cornerstone of fair government. It is supposed to give back a voice to the people, and stop any corruption in governments. But the question to ask is whether the absolute separation of power actually exists in the Australian legal system. We can begin by looking at the billing process as a good example …show more content…
The dividing of the task of the state in such a way that each power works as a check to one another. As a result, no one institution abuse their power. Balances and checks on government (rights of mutual control and influence) works to ensure that the three branches interact in an equal and fair, balanced way. This can and is done by parliament using and exercising its control over the executive, it checks the work of the administrative and government. The government when choices and actions have been made have to justify itself. On the other hand the executive, has a right to choose to dissolve the national council, and the laws that have been passed can be checked by the constitutional court. Legislative has influence over judiciary by passing laws which courts have to follow. The reparation of powers is an important factor of the rule of law, and is made important in the constitution. Furthermore, the distinctions between the powers is reflected in the functions must not be exercised by one person. As an example, the president cannot at the same time be a member of the national council, or a judge who is a minister. Thus, the separation of powers as seen can be fundamental in keeping the government in check. This stops there from being the same people holding power in many parts of the government, and thus abusing power. As seen separations of power is necessary to protect from abuse of power from the government, and everyday people’s rights, as well as to make sure that there is no corruption with the people in power and to make sure they are doing their

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