Separation Of Power In The Australian Constitution

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A constitution is a set of rules and regulations by which a country is operate. The Australian Constitution is one of the most important documents for Australian government. It was passed by the British Parliament as a part of the Commonwealth of Australia Constitution Act 1900 and took effect on 1 January 1901 (Commonwealth of Australia Constitution Act 1910). It defines the structure, power, and procedure and defines the rules and obligation of the states. The Commonwealth Constitution provides a legal framework for the creation of the Commonwealth parliament and outlines the structure of parliament. The Commonwealth of Australia Constitution Act granted permission to six colonies: New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania to form their own Commonwealth government in accordance with the constitution (Commonwealth of Australia Constitution Act 1910).

The separation of power describes the way in which the law gives power to the arms of government. The separation of the power certifies that the government stays honest and equitable by creating checks and balances on the use of power. The separation of power divides the tasks of the states into three branches: legislative, executive and judicial (Seland, D 2016). The purpose of separation of power is to balance and limit government power. The separation of power is a fundamental principle of law that maintains all three organs of government separate. The separation of
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