Separation of Powers Essay

1140 WordsJun 8, 20155 Pages
The Separation of Powers Doctrine divides the state and federal government into three independent branches which are outlined in the first three chapters of the Australian Constitution, however the extent as to how the Australian constitution ensures this doctrine is applied is under questioning. Although it is assumed that each branch is completely separate, by analysing the Australian constitution and the structure of the Separation of powers Doctrine, evidence shows that there is an overlap between branches. This essay will analyse the separation of powers doctrine, how it contributes to the protection of Australian citizens from the abuse of government power, and the structural problems that are evident in the doctrine of separation of powers. The Separation of powers refers to the division of government responsibility which was first created by Montesquieu in his 1748 publication ‘The Spirit Of Laws’. In this publication Montesquieu strongly supported that there should be a separation of powers and this theory has since had a significant impact on the development of administrative law across the world. In order for the government to run effectively, it is essential that not one branch holds complete power, that is the Executive, Judiciary or the Legislator. Government power should be vested into three branches and each branch should be independent and therefore not perform functions that belong to another branch. ‘’While there has been debate about whether Montesquieu advocated only a strict and complete separation of powers, the better view is that he did accept that in practice only a partial separation of powers would be workable, complemented by further controls’’. The Australian Constitution is the supreme law which Australia operates according to, the first three chapters of the constitution define The Separation of Powers and the roles each branch

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