Separation of Powers in the Commowealth

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

Summary: In Chapter 1, Hudson addresses the distorted views of democracy from modern-day Americans. He explains how separation of power within the government lessens the power of American citizens and ultimately alters the ideology behind a true democracy into what we have today.

The U.S. Constitution created a strong government structure for the United States known as federalism. Both the federal and state governments must have their own court systems to apply and interpret their own specific laws. Both federal and state constitutions attempt to do this by specifically spelling out the jurisdiction of their own court systems. For example, U.S Constitution gives Congress the power to make uniform laws concerning bankruptcies, a state court would lack jurisdiction in this matter. Since the Constitution does not give the federal government authority in most matters concerning the regulation of the family, a federal court would lack jurisdiction in a divorce case. This is the main reason why there are two separate court systems in America. The federal court system deals with issues of law relating to those powers implicitly granted to them by the U.S. Constitution. The state court systems deal with issues of laws relating to those matters that the U.S. Constitution did not give to the federal government or deny to the states.

A state court may respond in various ways to a U.S. Supreme Court decision that raises issues of federal

Nearly the late year of 1787, the U.S. Constitution was established, stating the basal laws and fundamental principles that the United States would be governed by. Many philosophers and political thinkers furnished a great comprehension for the modern day structures that are very active today. Our Founding Fathers created a system which divides different acts of government into the legislature, executive, and judicial branches. Following in the form of the Separation of Powers, the checks and balances system ensures that political power isn’t contributing to any individual or group that enables them to gain an abundant amount of power. For the instance of this, “the Constitution provides a method for change, as the Founders created it this

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

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.

In document 6 there is a picture showing the three branches of government are not equal. The concept is to show there is separation of powers. Montesquieu created the concept of having 3 branches to maintain order in the government. The position in this picture is to show the executive branch is becoming too powerful. The executive branch can overrule the legislative and judicial branch.

The Constitution divides the powers of the government of the State into three distinct departments: the legislative, the executive and the judicial. Under the terms of the Constitution, no person in any one department may exercise any power attached to another department unless specifically authorized to do so by the Constitution.

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

The central government has enough power to help some of the country’s major needs and the state government has enough power to help the states because states’ needs may differ. For example, New York focuses on urban development and homelessness while Iowa focuses more on agriculture. In this and so many other ways, dividing powers between the federal and state governments prevents tyranny.

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 concept of the separation of powers introduced in the American Constitution has been consistently praised throughout early academia as a check on the corruption and tyranny of the federal government. By distinguishing between state and national powers, policies are tailored to fit individual needs, and the personaliz+ed laws of each district collectively appeal to public interests. This statement, however, ignores the historical motives behind the separation of powers. In Slavery in the Structure of American Politics, Donald Robinson unveils the hidden background of American government that lies behind the nationalistic facade cultivated through education at the primary and secondary level. Compared to Hannah Arendt’s positive stance on the separation of powers in On Revolution, Robinson presents a more realistic analysis of the issue through the lenses of slavery and private interest.

The difference between the division and separation of powers is small. The Division of power is one of the most important aspects of the Constitution. This role is dividing power between the state and Commonwealth parliaments. This division is separated into three powers, Residual, Concurrent, and Exclusive. Residual powers are those powers that the states have in areas such as, health, transport and policing, concurrent powers are those shared between the commonwealth government and state governments. Areas such as Medicare funding .The Exclusive powers are those powers granted only to the Commonwealth of Australia parliament. . Example in the Commonwealth of Australia Vs. The state of Tasmania (1983) the commonwealth blocked the state from constructing a hydroelectric dam in the world heritage listed Gordon river. The state claimed it was unconstitutional for the commonwealth to block the dam because power generation was an area of state responsibility. The commonwealth then argued that it did have power to block construction because Australia was signatory to the convention for the protection of the world cultural and natural heritage (1972) it argued that because this international agreement stipulated

Montesquieu, a research scholar, conceived the principle of separation of power. He found that concentration of power in one group or group of persons resulted in tyranny. He therefore, felt that the Governmental power should be vested in three organs, the legislature, the executive and the judiciary.