ipl-logo

Separation Of Powers In Australia Essay

944 Words4 Pages
bulb-icon

Recommended: Séparation of powers usa essay

Australia: (Separation of powers) America: (Separation of powers)
The Constitution divides power into three arms; Legislative, executive, and judiciary
Power is meant to be divided so as to oppose arbitrary rule by an absolute monarch, though executive is drawn from the legislature.
• Governor-General acting on advice of PM = executive & Parliament = legislature The Constitution divides power into the same three branches
Three clear branches
• Pres = executive & Congress = legislature

Australia: (Legislature) America: (Legislature)
Composition:
150 members in the House of Representatives serving 3 year terms
76 members in the Senate serving 6 year terms
435 members in the House of Representatives serving 2 year terms
100 members in the Senate …show more content…

HC Justices serve until the age of 70 and are appointed and dismissed by the Governor-General only, others serves in accordance with legislative requirements
Federal courts can't make common law. Precedent is applied through interpretation of the law
SC Justices are appointed by the President with Senate approval and serve until they retire or die in office, others serve in accordance with legislative requirements
Hierarchy:
HC - Federal court - Federal circuit courts - Various courts and tribunals
Created by parliament
SC - Federal court - Various courts and tribunals
Created by Congress
Structures & Authorities:
Defined and outlined in chapter 3 of the Constitution
• S73; High Court is the highest court of appeal
• S75 & 76; HC has original jurisdiction over these matters
• S73; HC has appellate jurisdiction over these matters
Defined and outlined in Article 3 of the Constitution
• Supreme court has original and appellate jurisdiction
Responsibilities &

Show More
Related
437 Words | 2 Pages

Separation of power means “ Each branch has a different power.” The Legislative branch consists of a senate and house of representative. The Executive branch is the president will hold his office during the term of four years. The Judicial branch is invested in one supreme court as the congress may from time to time ordain and establish. The judges, both of the supreme and the inferior courts, shall hold their offices during good behavior.

Read More
428 Words | 2 Pages

Both Australia and the US have written Constitutions which outline how each government functions and operates, as well as the separation of powers between the Federal and State governments. Both systems have a judiciary that is independent of the other branches of Government. Although the two systems of government share key similarities, there are

Read More
466 Words | 2 Pages

Separation of powers basically means what it says, separating the powers. All legislative powers herein granted shall be vested in a congress of the united states. So the U.S has different branches, that all have different powers. The executive power shall be vested in the president of the United States, judicial power shall be invested in one supreme court, and the legislative powers herein granted shall be vested in a congress of the united states. Having those helps give equal power.

Read More
810 Words | 4 Pages

For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses, the Senate and the House of Representatives. As stated in the packet, “Under the articles there was no chief executive, there was no court system, there was not even a way for the central government to force a state to pay taxes.” Separation of Powers refers to the division of Government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for Checks and

Read More
770 Words | 4 Pages

Should Australia become Republic and what would it mean if Australia become a republic become Australia is a Constitution Monarch which means a head of state which means a queen or king doesn’t set any public policy and doesn’t or chose political leaders like our prime minister but the queen or king choice a representative like the Governor General the General Governor holds all the power that the queens has and the Governor General has the power to dissolve the parliament, order an election, appoint ambassadors, ministers and judges and establish royal commission, give royal assent to laws and authorises treaties with foreign government and the Governor General is also official Commander in chief of the Australian Defence Force. All this power

Read More
756 Words | 4 Pages

Congress consists of two bodies. Number in House isbased on population and each state has two Senators. 7. Amended with approval of 3/4 of states (i.e., 9/13). 8.

Read More
557 Words | 3 Pages

So as the wise James Madison once said, “...Liberty requires that the three great departments of power should be separate and distinct.”, we divided up the power fairly to keep a balanced triangle of power. In America, we have three branches of power, the Executive Branch, Legislative Branch, and the Judicial Branch. The Executive Branch is the President and Vice-President, their job is to enforce and carry out the laws made by the Legislative Branch. The Legislative Branch is the Congress, they make laws for the whole country. The Legislative Branch is made up of two sections, the House of Representatives and the Senate, each chosen by each state.

Read More
801 Words | 4 Pages

Separation of powers is most closely associated with political systems, in which the legislative, executive, and judicial powers of government are vested in separate bodies. Document B says “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, maybe justly pronounced the very definition of tyranny. Liberty requires that the three great departments of power should be separate and distinct." All three branches of government have their own job, for example, the legislative branch makes the laws, the executive branch enforces the law, and the judicial branch says if the law is unconstitutional. Separation of power protects against tyranny because by separating the powers, you keep one person from gaining too much

Read More
1114 Words | 5 Pages

This method of separation is known as “checks and balances” referring to the three branches of government the executive, legislative, and judicial branch. The legislative branch is supposed to be the stronger one. It consists of the Congress divided in two chambers: a House of Representatives and a Senate. The members of the House of Representatives are elected by the people and have the responsibility of encouraging popular consent and the Senate is elected by the state legislatures. The executive branch consists of the president, who has the power to receive international ambassadors, negotiate treaties with acceptance of the Senate, and appoint major personnel.

Read More
1495 Words | 6 Pages

The solution to this problem was the separation of powers, which consists of three branches Legislative, Judicial and Executive. Article 1 Section 1 of the constitution is where you’ll find Legislative Branch. The Legislative Branch consists of the House of Representatives and the Senate. They are in charge of passing laws, approving treaties and impeachment. The Executive Branch Article 2 Section 1 is assigned to the President, which the president is the only one to call the shots on war.

Read More
545 Words | 3 Pages

The Senate and House of Representatives comprise the two chambers of the United States Congress. While both houses are representative bodies and jointly oversee the executive branch, both must approve all bills before the president, but both chambers have different roles according to the Constitution. The House of Representatives has 435 members apportioned to the house from across the United States. States with larger populations receive more seats within the house.

Read More
784 Words | 4 Pages

Separation of Powers: Executive, Legislative and Judiciary The doctrine of the separation of power in Australian constitution divides government into three branches: legislative, executive and judicial. The doctrine of the separation of power is often assumed to be one of the cornerstones of fair government. A strict separation of power is not always evident in Australia, instead the Australian version of separation of power combines the basic democratic concept is embedded in the Westminster system and the United States version of the separation of power.

Read More
926 Words | 4 Pages

The Australian Government divides their powers into different sectors between the legislative, executive and the judiciary to prevent misuse of powers. Each section plays an important role in keeping the entire system fair while running smoothly. Australia allows for more than one party to be in elections, with the second highest voted party stand as the opposition, to give input in the running of Australia instead of one party having absolute power. This allows more ideas to be heard and contribute positively to the decision making of

Read More
714 Words | 3 Pages

The Judicial branch composes of the court judges whether actions violate laws and where laws violate constitution" This shows that the separation of powers allows for the branches to constantly check each other and to ensure a fair and equal government. In conclusion, the separation of powers helps control the government and prevent them from breaking the rules of the constitution and how they should govern. The Separation of powers allows for each of the branches of the government to check each other and ensure they all follow the rules and laws set by the constitution. Separation of powers is a key factor in our government

Read More
1584 Words | 7 Pages

Separation of powers refers to the idea that the major body of a state should be functioned independently and that no individual of a state should have power separately. Therefore, separation of powers means that splitting up of responsibilities into different divisions to limit any one branch from expurgating the functions of another. The intention of the doctrine is to prevent the application of powers and provide for checks and balances of governing a state. It is a doctrine of constitutional law under which the three branches of government, executive power, legislative power, and judicial power are been kept separately to prevent abuse of power.

Read More

More about Separation Of Powers In Australia Essay

Related Topics

Open Document