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Separation Of Powers In Australia Essay

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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 &

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