The doctrine of the separation of powers is one extending back hundreds of years. It is a doctrine‚ which has had a significant impact on the Australian constitutional system‚ and is consequently reflected within it. However‚ this essay argues that the doctrine has‚ to a degree‚ been tempered by the recognition of responsible government‚ despite its obvious reflection in the Cth Constitution. This essay will also discuss the separation of judicial power principles as part of the overall doctrine
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SEPARATION OF POWERS & JUDICIAL ACTIVISM The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature‚ executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle who for the first time classified the functions of the Government into three categories viz.‚ deliberative‚ magisterial and judicial. Locks categorized the powers of the Government into three parts namely: continuous
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Effectiveness of Checks and Balances A leader or group of leaders unchecked is chaos waiting to happen. the creators of the Constitution of the United States of America understood this and fear a leader with too much power would return or country to a government like the one we just escaped. This fear and understanding allowed them to crate a government system with three branches that keep each other in check and balance the power of our government. The executive branch with is lead by the
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Introduction The idea of Separation of Powers suggests that governance of the State should not fall solely under one organ of the State which could be identified as the Executive‚ Legislature and Judiciary. Aristotle in his Politics submitted this theory but the most famous version was being suggested by Montesquieu in ‘De L’Espirit des Lois’. His arguments indicate that there were three functions of government‚ Legislative as the law-making body‚ Executive as the law-applying body and Judiciary
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We have a Federal Government in which the power to govern is shared between the national government and the states. The constitution has three different kinds of powers‚ enumerated powers‚ reserved powers‚ and concurrent power. Enumerated powers are only powers for the National government. Reserved powers are powers only for the state government. Concurrent powers are powers for both state and national Government. This separation of powers was due to the people making sure that no one had more authority
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1-623-327-2810 When: April 3‚ 2013 Time: 9:30 a.m. – 10:30 a.m. Students have learned some new fitness activities. They will be having fun and playing‚ and they are excited to share what they have learned with their parents and friends. Please join your children and their teachers and have fun with us. Liberty Elementary Pre-K students and teachers want to invite you to their first “Fitness Field Day” Where: Liberty Elementary School Address: 1908 W Highway 85 Buckeye‚ Arizona 85326
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How did John Locke influence Checks and Balances‚ and how does it apply to today’s everyday life? Locke thought everyone needed to form a society together where there is a system of checks and balances. The main problem in the state of nature is that there aren’t any impartial judges and there’s no clear interpretation of law. Creating a society solves these problems. Locke also felt that the people should elect a series of representatives to keep things in order‚ not place all the power in the hands
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INTRODUCTION The functions of the government are vast and varied. It is necessary to entrust these functions to specific organs‚ so that the responsibility for performing these functions may be effectively fixed. The division of governmental power under any constitutions may be of two kinds; the functional division such as legislative‚ executive and judicial and the territorial division of federalism. Thus structurally considered government consists of three branches having for their functions (i)
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P. 2 Checks and Balances The six basic principles of the constitution are popular sovereignty‚ limited government‚ separation of powers‚ judicial review‚ federalism‚ and checks and balances. Checks and balances is the amount of power assigned to each branch (executive‚ legislative‚ and judicial) to keep them balanced. This concept was popularized by Baron Montesquieu to keep the French government from corrupting and was brought to the American government. Over the 200 plus years checks and balances
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to progressive thinkers of the seventeenth and eighteenth centuries‚ e.g. Locke‚ Spinoza‚ Blackstone‚ and Montesquiueu. Out of some of their thoughts the U.S. government system with the three branches were made: A legislative branch (Congress)‚ an Executive branch (President)‚ and a judicial branch (Supreme Court). The Constitution is most of all a document of checks and balances: among the three branches of the federal government; and between the levels of government‚ nation and state. The legislative
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