Separation Of Power Essay

Separation Of Power Essay-72
However, the Governor-General is responsible to act only in accordance with the elected government.

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Australia generally follows the constitution of the Commonwealth, which was adopted by the American constitution and came into existence in the year 1901.

The Commonwealth of Australia Constitution Act (1900) has separated the powers between the legislative power through the section 1, executive power through section 61, and finally, judicial power through section 71.

They had to choose from the two major concepts of separation of power: First concept was the derivation of the American Constitution and the Federalist (Hamilton, Madison, & Jay, 1982); while the other choice was from the British Constitution and the Blackstone (1765) (Patapan, 1999).

There was really a confusion whether to adopt the American or the British concept of separation of powers.

It is the Parliament, which is responsible for the making of laws.

Parliament is also responsible to hold ministers and the concerning government, responsible for answering questions about their portfolios, asked by other members of the Parliament.

All the 6 states, excepting the Queensland has a 2 chambered Parliament.

Excluding this, there are also 2 self governing territories called ‘Australian Capital Territory’ and ‘The Northern Territory.’ The federal government is not allowed to override the decisions made by the State governments, but only in the accordance with the federal constitution (static.au, 2000).

So, the founding fathers of Australia have found a middle path and amalgamated the American federalism with the British form of responsible government, and the result was in the form of a hybrid government (Emy, 1978; Galligan, 1995).

Since the Australian Constitution was the mere amalgamation of these two major constitutions, many revelations of ambiguity had been discovered after the initialization.

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