The Doctrine Of Separation Of Power

966 WordsAug 30, 20154 Pages
The main objective of this essay is to explore whether the doctrine of separation of power is a vital element of modern, democratic systems of government. At the same time, it will show the basic points of working process in Australian legal system. Callie Harvey declared that only under the condition that separation of power can be maintained between parts of government, the democratic civilisation can be justly ruled. In fact, the legal system in Australia is divided into three branches, which are based on the doctrine of separation of power, with the main ambition that it works independently and cooperate to maintain the fairness principle. According to the Constitution, the power will be authorised in the Queen, while the Governor-General exercises and elects members of Parliament, which is given the legislative power to make laws. In the Parliament, there is delegation of power between Commonwealth government and State government; while under the Constitution, there is branches of power such as exclusive, concurrent and residual power that have to follow when making laws. Because of the differences in characteristics about demographic, living standards, etc. Therefore, each state can make laws, regulations depending on state’s elements and increase the effectiveness of laws in daily life. Secondly, Governor-General also appoints Ministers and form the Cabinet, which has the power to put laws into action, called executive power. Finally, the last branch is Judiciary,
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