Topic > Essay on Separation of Powers - 851

The principle of separation of powers is that, in order to prevent oppressive government, the three powers of government should be held by separate bodies - the legislative, the executive and the judiciary - which can act as checks and balances on each other. (Locke, 1690) The Australian system of separation of powers (SOP) is a hybrid between the Westminster system of government of the United Kingdom and the federal and constitutional features of the American government. This system of government was chosen because it provides essential philosophical and theoretical underpinnings for which separation is essential and although this system incorporates the best aspects of the UK and US systems, many crossovers have been incorporated as a result. Consequently, this demonstrates the vulnerability of the Australian federal and state system, exposing it to exploitation and mistreatment.2. Relevant Laws The notion of separation of powers in government dates back to ancient Greece. Specifically derived from the works of; Locke (1690), Montesquieu (1748) Blackstone (1765) and Madison (1788). As a result, the English and American models of the SOP developed in the 17th and 18th centuries, from which the Australian system of government derives. The Commonwealth of Australian Constitution Act (1900) establishes a sort of separation of powers between the legislative branch (Article 1), the executive branch (Article 61) and the judiciary. (section 71) The legislative arm of the Commonwealth is made up of the Queen, the Senate and the House of Representatives, it is known as the legislative body of the country. The judicial power of the Commonwealth is vested in the Federal High Court and other courts within federal jurisdiction and is the body for the announcement...... middle of paper......n use today ha underlined that it is precisely the people who have the power to legislate, not to implement them. As stated in section 2, the federal doctrine of separation of powers states that the executive power is implemented by the government, the legislative power is implemented by the Parliament, and the judicial power is implemented by the Parliament. court (predominantly the Supreme Court). The Queensland Constitution however does not separate roles and powers in the same way as the Federal Constitution and there is no fixed separation of powers doctrine similar to that found at federal level. Instead, the theory of separation of powers is partially accepted and followed, but only in a limited way. There is therefore no constitutional obstacle to the Queensland Parliament (the executive government) legislating to interfere with the exercise of judicial power.146