Separation Of Powers: The Australian Constitution And The Chinese Constitution

Separation of powers is an act of vesting the legislative, executive, and judicial powers of governments in separate bodies. In Document B it states "Liberty requires that great departments of powers should be separate and distinct." Separation of powers protects against tyranny because it allows each branch to have a different view point on a subject of matter. It allows people to express their

When comparing the communist nation of China with the democratic nation of Australia many differences are apparent. The application of the legislative (law making and modifying function), executive (administrative function) and judiciary (law enforcing and dispute resolving function) is vastly different between the two nations as can see when we compare and contrast the underlying principles of each system of government. Firstly, both nations claim to uphold the concept of the rule of law, although due to corruptive forces surrounding the Chinese court system, this concept is often thwarted and equality before the law is not upheld. Within the constitutions of both nations the basic principles of separation of powers have been applied;

In the Australian constitution the Queen holds the executive power and also has legislative power. The Governor General is appointed by the Queen and is also the commander-in-chief. Another difference between the two countries is the Australian judicature. The High Court of Australia does not have the power of judicial review. Ultimately, in Australia the parliament and the prime minister have the complete power.

Australia and Indonesia both have similar structures of government as both countries have a separation of powers. A separation of powers is where the government is split into different sections so the power is spread all evenly throughout government. In Australia, only the legislative level has the power to make laws, while in Indonesia, this responsibility is held by all three levels of government. These are the National, Provincial and District. The power to enforce laws is held by

The separation of powers is a theory of government whereby political power is distributed among three branches of government; the legislature, the executive and the judiciary. The doctrine of the separation of powers embodies three basic principles; limited government, which means that the government’s power over its citizens is limited by the Bill of Rights. Secondly is the separation of personnel, meaning that no one person can hold office in separate branches of the government at the same time. And lastly, each branch of government keeps a watch over the other branches of government and in some cases can overrule it to prevent them from becoming too powerful.

(doc b) This is called the Separation of Powers. The separation of power guards against tyranny. There are 3 separate departments of power, legislative, judicial, and executive. (doc b) Legislative makes the laws, judicial makes sure that laws are constitutional, and the executive which includes the president, enforces the laws. If you separate these powers then you guard against tyranny. (doc

Separation of powers mean that powers of the governments are separated among the tree branches. Legislative branch, the congress, has the power to make the laws. According to the document B, the excerpts from the Constitution, states “All legislative powers… shall consist of a Senate and House of Representative.” If the legislative branch make the laws, who enforces them? The executive branch carry out or enforce the laws. “... shall be vested in a President of the United States.” is read in the document B, excerpts from the Constitution, Article 2, Section 1, Clause 1. Document B has also stated that “The Judicial power of the United States shall be invested in one Supreme Court,” The judicial branch has the power to judge or interpret the laws. These separated powers protect against tyranny, because it make sures that no one branch has more power than the other. In James Madison’s Federalist Paper, #47, 1788, reads “(L)iberty requires that the three great departments of power should be separated and

”Liberty required that the three great department of power should be separate and distinct.” The Legislative, Executive,and Judiciary are the three powers of department. By separating the powers provides a safeguard by ensuring all the government powers do not fall into the hands of a group or a single person. Each power has their own rules, running style, and different types of power to rule. Therefore Separating the Powers provides a stable society and country.

The Separation of Powers is a Federal Government divided between 3 branches. The three branches in our government are the Legislative, the Executive, and the Judicial branch. All three branches play in a role on how our nation is run today and how each branch is divided and given equal power as talked about by James Madison. The Legislative branch is granted power that is given to Congress in the House and Senate and the Executive branch is given power in the Presidents and Presents team. Lastly, the Judicial branch is given power to the Supreme Court.[Doc B is a expert from the Federalist Papers #47 written by James Madison].The Articles were for states to follow and not disagree with each other. The Powers are sepinital in 3 individual branches and equally divided powers. As in Doc B,” The accumulation of all powers, Legislative, Executive, and Judicial The same hands, whether of one, a few, or many, and whether hereditary, self - apparently, pre- elective, may be justly pronounced the very determined of tyranny...”. The Author experts that the Separation of Powers which are Legislative, Executive, and the Judicial branch are granted equal powers. *The constitution guards against tyranny by dividing and granting the three branches fair

Separation of powers is a principle of our government in which the three branches of government are divided and all hold equal power. Our Founding Framers who were the Framers of the constitution wanted to create a stronger national government than that of what we previously had when the country was under the Articles of Confederation. They also wanted the government to be more effective and already knew that the people wouldn’t want a national government with too much power like that of an autocracy. Using these standards the Framers of the Constitution meticulously crafted this principle of separation of powers which included three branches of government, each with different powers divided up among them, that of which is included in our Constitution.

One of the rules of separation of power is that governmental powers are subdivided between the three arms of government; the Legislature, Executive and the Judiciary . Legislative veto becomes a problem where it authorizes the

The doctrine of the separation of powers is an important principle in Constitutional law. The separation of the legislature is the power to make laws; the executive is the power to administer the laws; and the judiciary is the power to interpret and enforce laws that is constructed through the Commonwealth of Australia.

The Division and Separation of power are essential to keep our societies rulers to have a restriction on their powers. The importance of each on the Australian domestic law especially in relation to the rule of law, and protecting individual rights, and the legal system.

A study of constitutional governments shows that they are often divided into three different groups or branches. The power of government is not given to any one branch. Instead, some of the power is given to each branch. This is called separation of powers. For example, we divide our government into the following three branches: the legislative branch has the power to make laws the executive branch has the power to carry out and enforce laws the judicial branch has the power to manage conflicts about the meaning, application, and enforcement of

The separation of powers is the legislature, executive and judiciary arms of government. The parliament are our lawmakers, the representative of parliament is selected by people of society to represent the people (indirect democracy). The laws enacted through parliament are called acts or statutes. Parliament can pass laws that can override judge made laws and it can revoke and take away authority given to government department. The separation of powers is referred to as a principle that not only divides power but also provides a system of checks and balances.