Separation of Powers and Division of Powers

Question 1

What is the Division of Powers?

Answer 1

The constitutional allocation (or sharing) of legislative powers between the Commonwealth and the States.

Question 2

What Acronym summarises the Division of Powers?

Answer 2

PERCS

Question 3

What are Prohibited powers?

Answer 3

These are the legislative powers either the Commonwealth and/or the States cannot exercise.

Question 4

What are Exclusive powers?

Answer 4

These are the specific powers that only the Commonwealth can exercise.

Question 5

What are Residual Powers?

Answer 5

By implication, the legislative powers not prescribed as a specific power of the Commonwealth in the Australian Constitution reside with the States.

Question 6

What are Concurrent powers?

Answer 6

The specific powers not exclusive to the Commonwealth which can be exercised concurrently with the States.

Question 7

What are Specific Powers?

Answer 7

Exclusive and Concurrent Group.

Question 8

How can the division of powers be changed?

Answer 8

Referral of powers (Section 51(37)

Constitutional Alteration by Referendum (Section 128)

Constitutional challenge (Section 76)

Question 9

What is the Separation of Powers?

Answer 9

The separation of powers is a doctrine that divides the governance of a nation or state into distinct, but related, arms or branches, each with its own institutions and roles.

Question 10

What are the three arms of the separation of powers?

Answer 10

Legislature
Executive
Judiciary

Question 11

What is the purpose of the separation of powers?

Answer 11

To ensure power is not amassed.

To provide checks and balances.