Separation of Powers in the Commowealth

573 WordsFeb 4, 20182 Pages
This doctrine was formulated by French philosopher Montesquieu who theorized that abuse of powers by the three branches would be checked through separating the branches functionally and physically. This means no branch should perform function of the other and no person can hold office simultaneously in the branches. However, there are instances where state courts have influences from the decisions of cases in the Commonwealth courts. In the ruling made in the case Kable v Director of public prosecution1996 189 CLR51.This case forbid states court exceeding federal jurisdiction. Therefore, State Supreme courts rely on decisions of federal courts and vice versa (Harris, 2013). In the separation of powers there is the doctrine that courts cannot be vested with non-judicial power and federal judicial powers cannot be vested in a state court. It goes that if a court exercises non-judicial power, then separation of powers will be violated. The states do not have explicit separation of powers in their respective constitutions. Parliament is able to vest judicial federal powers with non-judicial powers so long as they do not undermine their integrity. States courts can still exercise their independence since they have some discretion in some matters. Looking at the separation of powers in States such as Queensland, there are unique features. Commonwealth Constitution confers separation of powers but States do not have constitutional separation of powers. Influence of executive on

More about Separation of Powers in the Commowealth

Open Document