Separation Of Powers In Australia Essay
Doctrine of the Separation of Powers and how it operates in Australia
Political theory identifies three organs of state, namely, the legislature, the executive and the judiciary - legislative power to make laws; the executive power to implement and enforce the laws; and the judicial power to interpret laws and to judge whether they apply in individual cases. The principle of the separation of powers is that the three powers of government should be held by separate bodies in order to prevent the tyrannical government—the Legislature, Executive and Judiciary which can act as checks and balances on each other simultaneously.
The members of the executive government in parliamentary form of governments overlap because the minister or members are …show more content…
The practice of party politics, notion of responsible government and the executive’s aspirations of an efficiently working government have all combined to damage the doctrine as it was introduced in its original shape. If the separation of power was implemented in its true spirits, the idea of effective government would have been impossible. It is acknowledged in the political philosophy, since the times of George III, that executive and legislature cannot work effectively if they remain independent of each other. As the recent America experience shows, when the executive and the legislature cannot agree, deadlock ensues. But it is the nature of legislative, executive and judicial power, more than any other factor, which has made it so difficult to maintain a strict separation between …show more content…
The three organs of the government play their role in a mutually exclusive manner more or less. The Supreme Court in America is the sole interpreter of the constitution and guard of the fundamental rights of the people. No other organ of the state can exercise this power on its behalf. It can declare null and void any law which contravenes with the common law of the state. Furthermore, there is no concept of delegation of power among various organs of government in the American system. Common law is solely and only derived by the judiciary while strictly implemented by the executive organ of the state. Any law declared null and void by the American Supreme Court is in no position to be called a law at all. Furthermore the Presidential ordinances ensued from time to time hold no legal grounds as long as they are in contradiction with the common law of American people as enshrined in the their Constitution. These ordinances need validation from Congress to become law or to be implemented for a time longer than 60
Political theory identifies three organs of state, namely, the legislature, the executive and the judiciary - legislative power to make laws; the executive power to implement and enforce the laws; and the judicial power to interpret laws and to judge whether they apply in individual cases. The principle of the separation of powers is that the three powers of government should be held by separate bodies in order to prevent the tyrannical government—the Legislature, Executive and Judiciary which can act as checks and balances on each other simultaneously.
The members of the executive government in parliamentary form of governments overlap because the minister or members are …show more content…
The practice of party politics, notion of responsible government and the executive’s aspirations of an efficiently working government have all combined to damage the doctrine as it was introduced in its original shape. If the separation of power was implemented in its true spirits, the idea of effective government would have been impossible. It is acknowledged in the political philosophy, since the times of George III, that executive and legislature cannot work effectively if they remain independent of each other. As the recent America experience shows, when the executive and the legislature cannot agree, deadlock ensues. But it is the nature of legislative, executive and judicial power, more than any other factor, which has made it so difficult to maintain a strict separation between …show more content…
The three organs of the government play their role in a mutually exclusive manner more or less. The Supreme Court in America is the sole interpreter of the constitution and guard of the fundamental rights of the people. No other organ of the state can exercise this power on its behalf. It can declare null and void any law which contravenes with the common law of the state. Furthermore, there is no concept of delegation of power among various organs of government in the American system. Common law is solely and only derived by the judiciary while strictly implemented by the executive organ of the state. Any law declared null and void by the American Supreme Court is in no position to be called a law at all. Furthermore the Presidential ordinances ensued from time to time hold no legal grounds as long as they are in contradiction with the common law of American people as enshrined in the their Constitution. These ordinances need validation from Congress to become law or to be implemented for a time longer than 60