The Parliament is the central law-making body in the Australian system of government. It makes laws through the enactment of statutes. In addition to making laws, parliaments have other powers that assist them in performing their legislative functions. These powers, also known as “parliamentary privileges”, give the parliament special privileges and Immunities. Privileges such as the power to require the production of documents and immunities such as the immunity of members for any statements made during the course of parliamentary proceedings . Parliament is supreme over the Executive, as legislation is the main source of executive powers, and over the Judiciary, as the courts are limited to only interpreting the laws of Parliament.
The Executive plays the role of being the “machinery” of government in that it allows for the government to perform its varied functions under the constitution, statute and common law. Public law is based on the notion that the state institutions must be created and operated in a manner that achieves a collective need. As society is growing more complex, the powers of the executive continue to expand. It has reached a point where the executive intervenes in many aspects of community life. This is called “the rise
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The judicial function is to settle and resolve disputes by firstly unearthing the factual circumstances, interpreting the law followed by applying it and ultimately making a binding and authoritative order. The interpretation of the laws, including the constitution that retrains the parliament and the executive, rests in the judges’ hand. Judicial independence is particularly vital where the judicial institution is concerned, as it is a mechanism that separates the judiciary and the exercise of judicial power in order to safeguard and protect it from the influence and corruption of the other branches of