Ensuring the division of power between the states and the commonwealth governments …show more content…
This is known as the separation of powers. The constitution divides commonwealth powers between three separate bodies as it is necessary in any legal system, for the government to exercise the functions of the legislature, the executive and the judiciary. Each act as a check on the others, to ensure that there is no abuses of power and that constitutional authority is not exceeded. The aim of the separation of powers is to ensure that authority is evenly distributed between these three groups. The legislative function means that laws must be made, and the parliament is made up of representatives elected by the people. The administrative executive function consists of public service and cabinet. This power ensures that the laws are administered or executed. The judicial function is responsible for interpreting the law and when dispute arises. The court system, independent judges and magistrates exercise this power. The separation of powers is demonstrated in the case of the Australian communist party vs. the commonwealth of Australia in