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

The concept of Separation of Powers is to divide powers of the three branches of government for each branch to have independence and equality of power. The United States constitution has three articles also called the government branches. These Articles or branches are recognized as the Legislative, Executive, and Judicial. Each of those branches have a job that are tied to the law and government but operate from each other. Article I known as the Legislative branch has the House of Representatives and the State Senate in one house, making them the Congress; Congress has the right to make a law. Not only that but the president has a act in the legislative,

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

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

”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.

(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

The Australian Constitution is a rich amalgam of various classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particular, the High Court has applied this with relative rigour with respect to the separation of judicial power. The separation of the judicial power is fundamentally critical to upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that “the separation of the judicial function…advances two constitutional objectives: the guarantee of liberty and, to that end, the independence of Chapter III judges” . Kitto J in R v Davidson also identified that the judiciary should be subject to no other authority but the law itself . This is a critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to providing checks and balances on the exercise of power by the legislative and executive arms of government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial Power is defined as “the power which every sovereign must of necessity have to decide between its subjects

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.

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

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;

Division of powers and separation of powers doctrine are two different concepts. Laws are divided among Federal and State government. This arrangement is referred as the division of power. Federal can only make laws on few subjects and this power is known as exclusive power. Few matters that are included in exclusive power are ‘the imposition of customs and excise duties’ (FBL – Lecture Notes), external affairs, and more. Meanwhile, concurrent power is referred as the laws that are shared between Federal and State government. Subjects that are included in concurrent powers are taxation, marriage and divorce (FBL – Lecture Notes), and more. Residual power is for State Government to make laws on specific subjects. The power includes education,

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.

When the Constitution was written, the ultimate goal of the Founding Fathers was to prevent tyranny and oppressive government. In order to achieve this remarkable goal, the Founders made the decision to adopt the concept of Separation of Powers. In the Constitution, Separation of Powers is essentially the distribution of power among the three government branches: the legislative, the executive, and the judicial. Despite how is has changed and grown, the concept of Separation of Powers continues to be just as important as it was when the Founders wrote the Constitution because of its raised relevance due to current issues.

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.