Australian Constitutional Law - Separation of Powers

Separation of Powers

The constitution features a distinct separation of powers. Legislative power is dealt with in Chapter I, and is vested in the Federal Parliament (section 1). Executive power is dealt with in Chapter II, and is vested in the Governor-General as the Queen's representative (section 61). The judicature is dealt with in Chapter III, and is vested in the Federal High Court and "in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction" (section 71).

However, the Queen is an element of the Parliament as well as being head of the executive; and the Ministers of State who "advise" the Governor-General are actually required to be or become members of Parliament.

While there is no significant separation of the legislative and executive powers (the "political branches"), the High Court has developed an increasingly stringent doctrine of the separation of the judicial power from the other two.

Read more about this topic:  Australian Constitutional Law

Famous quotes containing the words separation and/or powers:

    Last evening attended Croghan Lodge International Order of Odd Fellows. Election of officers. Chosen Noble Grand. These social organizations have a number of good results. All who attend are educated in self-government. This in a marked way. They bind society together. The well-to-do and the poor should be brought together as much as possible. The separation into classes—castes—is our danger. It is the danger of all civilizations.
    Rutherford Birchard Hayes (1822–1893)

    Whenever any form of government shall become destructive of these ends, it is the right of the people to alter or to abolish it, & to institute new government, laying it’s foundation on such principles & organising it’s powers in such form, as to them shall seem most likely to effect their safety & happiness.
    Thomas Jefferson (1743–1826)