11.3 The Seperation of Excutive, Legislative and Judicial Powers

Question 1

What is executive powers?

Answer 1

The power to administer the laws and manage the business of government, and is vested in the Governor-General under Chapter II, Section 61 of the Australian Constitution

Question 2

What are legislative powers?

Answer 2

The powers to make laws, which reside with the parliament under Chapter I, Section Iof the Australian Constitution

Question 3

What are judicial powers?

Answer 3

The power is given to courts and tribunals to enforce the law and settle disputes, which is provided by the High Court and other federal courts under Chapter III, Section 71

Question 4

What are the reasons for the separation of powers?

Answer 4

Prevents power from being concentrated in one set of hands and helps protects individual rights by providing checks and balances on the power of parliament

Question 5

What are the strengths of the separation of powers?

Answer 5

• executive can be scrutinised by the legislature
• the judiciary is independent of parliament and government
• Executive Ministers are subject to scrutiny in parliament during question time
• separation of powers is entrenched in the Australian Constitution

Question 6

What are the weaknesses of the separation of powers?

Answer 6

• legislative power and executive power are combined
• judges are appointed by the executive which can influence the composition of the benches in superior courts
• if the government controls the Senate there is less scrutiny
• if the opposition controls the Senate, it can obstruct bills
• separation of powers at a federal level