Lesson 4 - Federation, The Constitution and the Separation of Powers

Question 1

The Separation of powers

Answer 1

The Separation of powers refers a doctrine (guiding principle) established by the Australian Constitution that ensured the three powers of our legal system (i.e. the legislative, the executive and judiciary) remain separate.

Question 2

The Constitution

Answer 2

The Constitution refers to the highest law in Australia which guides the institutions and processes around passing legislation.

Question 3

Roles of the Constitiution

Answer 3

• Outlining the three arms of power in Australian governance
• Outlining legislative powers of the Federal Parliament (including the kinds of legislation the Commonwealth is allowed to make)
• Outlining the role of the Governor-General and the administration of legislations (putting laws into action)
• Outlining the way the High Court operates.

Question 4

The Legislature

Answer 4

The Legislature refers to the branch of governance with the primary power to pass legislation, chiefly (mainly) the Parliament.

Question 5

The Executive

Answer 5

The Executive refers to the branch of governance with the primary power to administer legislation and manage the business of governing, chiefly (mainly) the Governor-General, at the Commonwealth level along with the Prime Minister, and Senior Ministers.

Question 6

The Judiciary

Answer 6

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

Question 7

How the Separation of powers is achieved

Answer 7

• The parliament (legislature) is separate from the judiciary and cannot interpret and apply its own laws to resolve disputes, a role reserved for the courts (judiciary).(Identify) This is a strength as it limits the risk that parliament can gain total control and ensures that the courts can independently make ‘just’ decision. (Explain)
• The High Court can interpret the constitution to validate or invalidate legislation made by parliament. (Identify) This is a strength as it allows the High Court to act as a check on the parliament, ensuring they are passing legislation within the powers given under the constitution. (Explain)

Question 8

How the Separation of powers is not truly achieved

Answer 8

• There is an overlap between the Legislature and the Executive through the Governor-General, Prime Minister and Senior Ministers. (Identify) This is a weakness for the achievement of the Separation of powers as each may not effectively act as an independent check on the parliament before administering legislation.

Question 9

Structure for an ‘evaluate’ question

Answer 9

Example question: Evaluate the ability of the branches of power to achieve a true separation of powers (4 marks)
Sample paragraph structure:
- Identify ‘strength’ argument (‘One strength of the branches of power to achieve “…” is…’)
- Explain ‘strength’ argument, provide an insight into how this works or is achieved (‘This is a strength because…”
- ‘However’/’On the other hand’/’Conversely’ (use language of contrast)
- Identify ‘weakness’ argument (One weakness of … is…’)
- Explain ‘weakness’ argument, provide insight into how this limits achievement of goal (‘This is a weakness as…’
- Overall conclusion (‘On balance the branches of power effectively/do not effectively achieve a true separation of powers as…’) (must have concluding statement to gain full marks)

Question 10

Checks and balances

Answer 10

Checks and balances refers to the counterbalancing influences or powers in a system that ensure accountability and limit the risk of total control by one branch of power.

Question 11

Legislation

Answer 11

Legislation refers to a law made by Parliament, also known as an Act of Parliament, or a statute.

Question 12

Federation (verb) (not too important I think)

Answer 12

Federation refers to the unionising of sovereign states that gave up some of their powers to a central authority to form Australia