The separation of powers Flashcards
(10 cards)
What are the 3 levels of power
Executive Power
Legislative Power
Judicial Power
What is the purpose of separation of powers
The purpose of the separation of powers is to ensure that no one body has absolute power or control over the functions of the political and legal systems.
What are executive powers
Executive power is the power to administer the laws and manage the business of government.
Who is responsible for executive powers
At a Commonwealth level, this power is vested in the Governor-General
At a state level, this power is vested in the Governor as the King’s representative.
In practice, executive powers are carried out by the prime minister, premier, senior ministers and government departments
What are legislative powers
Legislative power is the power to make laws.
Who is responsible for Legislative Powers
Federal parliament at Commonwealth level
State parliaments at state level
What are Judicial Powers
Judicial power is the power given to courts and tribunals to enforce the law and settle disputes.
Reasons for separation of powers
Separation of powers prevent power from being concentrated in one set of hands and helps to protect individual rights by providing checks and balances on the power of the parliament.
No one body can make law, administer law and also rule on its legality.
Strengths of separation of powers
Courts can invalidate law passed by parliament that is beyond its law-making power
The judiciary is independent of the legislature and executive.
As judges are independent, they can make decisions without fear of backlash from politicians
The separation of powers is in the Australian Constitution, so it cannot be abolished without a referendum.
Weaknesses of separation of powers
The legislative power and executive power are combined. eg; the Prime Minister has executive power but sits in parliament
Judges are appointed by the executive.
Courts can only act as a check on parliament when a case is brought before them
