A democracy is a system of government where the population of a country elects a representative through a fair election. Australia's democracy follows four main ideas that shape its function and purpose. the rule of law, which means everyone is treated equally under the law no matter who you are or what position you hold. separation of powers which is divided into three branches, the Parliament (makes laws), the Executive (implements laws), and the Judiciary (interprets laws). These ensure that all parts of government have equal power. An election where Australian citizens vote for representatives who make decisions on their behalf, this is fair and regular. Australia’s democracy protects individual rights, such as freedom of speech, religion, …show more content…
The idea of separation of powers revolves around a system that is divided into different branches, carrying out different responsibilities, however all with equal powers. Legislative is the first branch, this is where the laws are made, and the is made up of elected representatives who are to pass the laws that affect the country. The second branch is the executive, which is the government, this enforces the laws, it includes the prime minister and other movement leaders who make sure the laws passed by the parliament are implemented. the last branch is judicial, the courts, this interprets the laws, judges and courts make decisions on legal cases to make sure everything is applied fairly. In Australia, these branches are utilised very clearly and effectively. The Executive branch is held by the Governor-General, Sam Mostyn and other leaders with the prime minister, Anthony Albanese, the legislative branch is exhibited through the Australian House of Parliament and the judicial branch is evidenced by the High Court of Australia. These branches supported the idea of separation of powers as each branch in the legal system had equal powers. In China this is implemented very differently and used to the government's advantage. In evidence, any lawyer in China is to make an oath of loyalty to the CPC "be loyal to the motherland and its people and to uphold the leadership of the Communist Party of China.” This oath shows that the focus of the legislative branch isn't to limit the power of the Executive branch, but to support and empower it. Moreover, the executive branch holds significant power, in Australia the prime minister has the most important say, this is highlighted in this quote "The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, but in practice, it is the Prime Minister and
“Describe the principles of separation of powers and assess the extent to which these principles adequately explain how Australia’s political and legal system operates” Separation of powers refers to the division of different powers among three branches of government. It is principles such as checks and balances that allow Australia’s political and legal system to operate under a fair government, even though there is not complete separation of powers. This is because true separation only exists in theory
underpinning of a free society. One of the features of the Australian constitution is that is it structured in a way that theoretically reflects the rule of law. This is reflected through the ‘separation of powers’ doctrine, which is assumed to be a fair structure of government. Its principles suggest that power does not lie with one branch of government, but is spread out amongst three (legislative, executive and judicial). The concept of ‘the rule of law’ has been discussed by many. Professor Geoffrey
fundamental principles of the Rule of Law and Separation of Powers. This will be argued in accordance with the assertion that the ideal method of reform is informed by what is
elected, is responsible for making decisions about how the country is run, setting policy agendas, and proposing and putting new laws into action. The Australian constitution in 1901 established the federal government system which eventually spread its powers to state governments and then local governing systems. This means members of the public can visit or request the different levels of government for certain things. This is fair as the public can vote for who governs their areas, the state, and the
The Constitution is a document that outlines the legal frame work and rules, pertaining to parliaments power to make laws and what they are about. It could also be said that the Constitution controls parliament’s authority, power and operation. For example, only federal parliament can make laws about defence, as stated in section 51 of the Constitution. All members of Australia are bound by the constitution, including the Commonwealth and state parliaments. Prior to the Constitution, the British
Whether the adoption of a constitutional Bill of Rights promotes freedom and liberty is a highly debated topic. I agree that Australians should avoid the immediate adoption of a constitutional Bill of Rights as it gives the judiciary too much power. This essay will explore the advantages and disadvantages in implementing a constitutional Bill of Rights and whether implementing a Bill of Rights will shift the balance of the government and courts and what those consequences will be. This essay will
The principle of the separation of powers is that, in order to prevent oppressive government, the three powers of government should be held by separate bodies—the Legislature, Executive and Judiciary—which can act as checks and balances on each other. (Locke, 1690) Australia’s system of separation of powers (SOP) is a hybrid of the UK Westminster system of government and the American federal and constitutional features of government. This system of government was chosen because they provide essential
of the population was born outside of the country. Economic Freedom Australia’s limited restrictions on the goods and services imported make it an extremely open market. The nation is an active member in many trade forums which include, the World Trade
Australia’s culture is something most people do not know about or understand, but to the people of Australia it is very important. This essay’s purpose is to give a better understanding of its culture specifically its history, government, society and military. Cultural awareness is very important, especially to those who serve in the United States Army for they might encounter them in training or serve together in war. This will benefit all to read and become culturally aware of the country and
It is the basic underpinning of a free society. One of the features of the Australian constitution is that is it structured in a way that in theory reflects the rule of law. This doctrine, the separation of powers, doctrine is assumed to be a fair structure of government as its principles suggest that power does not lie with one branch, but is spread out amongst the three (legislative, executive and judicial. In Australia, there is an overlap of the three branches and it is argued there is not significant
Independence of Judiciary in Australia a) How is the independence of the judiciary guaranteed in Australia? While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that
The Australian constitution describes the structure, role and powers of the federal government. It informs how the federal and state governments share the power to make laws. It also points out the important role of the executive government and how the high court depicts certain rights of Australian citizens. There has been significance case of breaches to the constitution which in turn have been
(https://theconversation.com/is-australia-a-secular-country-it-depends-what-you-mean-38222) Australia is equal and includes both religious and non-religious people. Australia’s use of secularism is a sign of freedom and equality. Australia’s secularism is also the separation of religious institutes and the government. This decreases the chance of the government being influenced or manipulated by religious institutes. Brazil, Chile, Singapore and Japan are some examples
In its broadest sense ‘Reconciliation’ is the Australian term that refers to the unity between Indigenous and non-Indigenous Australians. To support reconciliation means working to overcome the separation and inequality between all Australians (Australia, n.d.). In 1992, then Prime Minister Paul Keating, delivered the Redfern Park speech that publically acknowledged European soldiers were responsible for many crimes against Indigenous communities, "We committed the murders. We took the children from
Values and Ethics play an integral role in maintaining the Rule of Law within Modern Australia, evident through the engrained notions of habeas corpus, procedural fairness, division of powers and separation of powers. Even though the Legal System must reflect contemporary society’s values and ethics, many of the core principles have been upheld by society such as the prevention of unlawful detention practised through habeas corpus. Australia is a signatory to the Universal Declaration of Human Rights