Separations Of Powers In Australia Essay

Political thinkers Rousseau, Locke and Montesqieu claimed that the powers of government should be limited, divided and checked. The principle is that there should be a division of government executive, legislative and judiciary powers into three separate arms or institutions that act separately and are independent of one another (members of one branch cannot be members of either of the other two). Australia’s constitution separated powers by delegating the legislative power to Federal parliament (s.1), executive power to the Governor General (s.61) and the Judiciary to the High Court (s.71). However due to Westminster conventions (adopted from the British system of parliament) commonly practiced by the Australia government, the members of the executive (cabinet) are selected from the legislative by the Prime Minister (going against the concept of having no cross-branched members). The PM (also Westminster convention) is not mentioned in the constitution and yet exercised executive power; for example in 2003 PM John Howard exercises (s.68) by sending troops to Iraq. The constitution also provides the executive with the power to appoint the High Court Judge (s.72) and thus is could be argued that the executive has power over the Judiciary in that sense; However the constitution actively safeguards the position of the Judiciary by stating the High Court Judge “Shall not be removed except by the Governor-General in Council, on an address from both Houses of the

Australia is run by a democratic system at all 3 levels of government (Federal, State and Local). Democracy means in Greek "rule by the governed". A democrary has key fundermentals that sustains that type of leadership.

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 has been federated for 114 years, yet we still don’t have our own head of state. Yes, we have a head of state in the form of a Governor General, but this person does not represent the views of the Australian people, but rather serves as the representative of the Queen. A Queen that will never be a true Australian.

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

Section 51 (xxix) of the Constitution of Australia grants exclusive power to the Commonwealth to legislate with regard to external affairs. Since its inception, through the development of case law, the external affairs power has been found to consist of three limbs:

When you think of the “land down under” you don’t really think of the kind of government they have. I chose to write about the Australian government because I really don’t hear much about Australia. It currently has a pretty interesting story to tell when it comes to their government. I became a bit interested in Australian politics when I saw a political animated cartoon on the internet that depicted Kevin Rudd, the last Prime Minister, on a news television show and it was quite humorous. I am going to give a quick history lesson on Australia then go into how the government formed and came to be. Then I will talk about the Australian constitution, the Australian arms of government, their federal system, political parties and Australia’s

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.

The idea about separation of powers is established through the three branches of government. These three branches are legislative, executive, and judicial. Document B shows that each branch has their own specific powers. The legislative branch holds power regarding the Senate and House of Representatives. The executive branch is home of the President and deals with the congress. The judicial branch has control over the supreme court and appointing judges. The three branches of government fight against tyranny by ensuring that no one branch has too much power over the other

”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.

2. Why is it important for the government to be split into three different levels In Australia there are three levels of Government which are Local, State and Federal. Each levels of Government holds elections, make laws for citizens and are responsible for providing goods and services and punish those who break the laws. Each level of governments has particular responsibilities.

History has indicated that unlimited authority given to one person or group predominantly causes others to be suppressed or their powers curtailed. In democratic systems, the rule of law assumes law can be separated from politics, this is demonstrated in the Australian Constitution. The Australian Constitution is supreme, authoritative law which the Commonwealth of Australia operates by. Fundamental to the rule of law within the Australian Constitution is the doctrine of the separation of powers. The separation of powers requires that government be divided into three branches: the legislature, the executive and judiciary.

Separation of Power's is the Principle model for the control of a country, which is separated into three branches: Judiciary, Legislative and Executive. The Separation of Power's idea is so that neither branch inflicts too much power over citizens. Additionally, it refers to the separation of duties into individual branches to regulate either branch from putting into effect the core roles of another.

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.

Australia is a two tiered system including a private and public sector. Medicare is a universal health insurance scheme under the public system. It was introduced on the 1st of February 1984 by the Australian Labor party the principal is for all Australian to have equal access to health. There are three levels of government these include Local, State or territory and Federal, all three have different roles to perform in terms of health care. The local government is responsible for towns and districts, moreover, local councils or shires function is to operate systems and projects such as sewage, garbage disposals and maintenance of the safety food standard. Both state and federal direct different parts of Medicare. State government manages public hospital within their territory or state, the state government receives 40%-50% of the total cost of expenditures for the public hospital from the Federal government. Lastly, Federal role includes payments to primary health services there include GPs, the majority of nurses, medical specialists and allied health professionals. In 1996 Budget guaranteed the renewal of private health insurance.