Explain How The Australian Constitution Ensures The Separation Of Powers Doctrine
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The power to make and manage federal law in Australia is divided between three largely separate groups, based on the principle of the separation of powers doctrine.
Although the constitution appears to adhere to the doctrine of separation of powers by separating the legislative, the executive and the judiciary, in reality the legislative and executive overlap in many areas, meaning only the judiciary is truly separate.
This is in accordance with the notion of responsible government, where checks and balances are implemented in place of complete separation.
This essay will discuss how and to what extent the Australian constitution ensures the separation of powers doctrine is applied in Australia by observing the separation of powers doctrine,…show more content… This compromise in integrity is largely overcome by the institution of Responsible Government, where the executive remains accountable to the parliament, and also by the complete separation of the judiciary.
The Australian Constitution is the basis for Australia's system of federal governance. In it's chapters it dictates the roles and responsibilities of the federal parliament and government.
As observed from the separation of powers doctrine, the responsibility for making, managing and enforcing laws is divided into three separate arms; the legislative, the executive and the judiciary. The separation of these governing bodies allows them to make checks and balances on the power and actions of one another.
The power to draft, debate and vote on new laws is held by the legislative arm, consisting of the Queen (represented by the Governor-General), the Senate and the House of Representatives. The legislative body also possesses the ability to make amendments to existing laws.
The legislative arm may act as a check on the judiciary because it has the power to pass laws that may override the decisions of the