Fed, constitution, SoP l4 y10 Ls

Question 1

Separation Of Powers

Answer 1

SoP=A doctrine established by the Aus Constitution that ensures the three powers of our legal system (legislative, executive and judiciary) remain separate.

Question 2

The Constitution

Answer 2

The Constitution is the highest law in Australia and guides the institutions and processes around passing legislation.
Legislation= a law made by Parliament, also known as an Act of Parliament, or a statute.

Question 3

Roles of the Constitution

Answer 3

-Outlining the three arms of power in Aus governance
- Outlining legislative powers of the Federal parliament
- Outlining the role of the GG and the administration of the legislation
-Outlining the way the High Court operates

Question 4

The Legislature

Answer 4

The Legislature= branch of governance with the primary power to pass legislation, chiefly the Parliament

role of the legislature is to pass legislation for the good governing of their people

Question 5

The Executive

Answer 5

Executive= the branch of governance with the primary power to administer legislation and manage the business of governing, chiefly the GG at the commonwealth level along with PM and SM.

Role of the executive is to administer legislation by giving royal assent to laws made by the houses of parliament thereby lending them the legitimacy under the constitutional monarchy.

Question 6

The Judiciary

Answer 6

Judiciary= the branch of governance with the primary power to interpret and apply legislation, chiefly The High Court (but the judiciary also includes state courts)

Consists of - High Court of Australia and the courts of the states (though these are not federal)

role of judiciary is to interpret and apply legislation, in particular made by the legislature

Question 7

How the SoP is achieved

Answer 7

-The Parliament is separate from the judiciary and cannot interpret and apply its own laws to resolve disputes, a role reserved for the courts (Judiciary)

-The High court can interpret the constitution to validate or invalidate legislation made by Parliament.

Question 8

How SoP is not achieved

Answer 8

There is an overlap between the Legislature and executive through the GG and senior minister —-> not full separation as there is some links.