Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Judiciary as an important arm of government
Duties of legislative branch
Judiciary as an important arm of government
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Judiciary as an important arm of government
The governance of the Commonwealth of Australia is divided into three arms, the legislative, executive and the judicial arm. These three arms of government are accountable towards the rule of law through the Westminster system of parliamentary democracy. The forms of power enshrined in the Australian Constitution is a key measure of protection towards the rights and liberties of Australian citizens. The legislative arm is responsible for making laws, the executive arm is authorised to the implementation of a law and the judicial arm is accountable to the enforcement of a law and to interpret laws when disputes occur. The system of checks and balances is used to prevent an arm from getting too powerful. The notion of balance confirms that the
interaction between these forms of power is balanced and that the right of influence is still present. In terms of balance, the separation of powers expresses fairness and exemplifies representative democracy instead of a ruling dictatorship within the institutions of government, making the Australian citizens’ rights and liberties visible and significant towards the powers of the Australian government. The separation of powers is also a safeguard of our rights as the power of law is divided into three branches which prevents the occurrence of corruption from a constituent of power. The three branches of power is a significant characteristic which protects human rights as it consents a process for the actions of the legislative and executive arm to be challenged in the courts. The challenges that occur is another important aspect of the rule of law. The separation of powers is essential towards the protection of the society’s liberties and rights, to move forward as a democratic nation and is vital towards the fundamental principle of law.
The decision for Australia to adopt the Federal system was on the principle of which the State’s governments wanted to keep their power. For this reason there was the separation of powers between the newly formed Commonwealth government and the existing State governments. At a constitutional level, there are rulings in which the powers are separated, these rulings due to disputes have slightly changed since 1901. These changes all fell towards the one government, the Commonwealth (Federal) government. However this was not just a landslide event, the Constitution of Australia set up this imbalance of powers between the Commonwealth and State governments. We will explore this further in the points discussed later in this essay.
Checks and Balances. Checks and balances is a system that is a part of out U.S. Constitution. This system was put in to place so that no part of government would have too much power. The three branches: judicial, legislative and executive are constantly granting and checking the other branches actions, this is to make sure no one person can gain an excessive amount of control in government. For example according to ," the legislative branch is in charge of making laws. The executive branch can veto the law, thus making it harder for the legislative branch to pass the law. The judicial branch may also say that the law is unconstitutional and thus make sure it is not a law.The legislative branch can also remove a president or judge that is not doing his/her job properly. The executive branch appoints judges and the legislative branch approves the choice of the executive branch. Again, the branches check and balance each other so that no one branch has too much power".
Nowadays, the Australian legal system has three powers, which are legislative, executive and judicial. Legislative power is in charge of making the laws; subsequently those laws will be passed to the executive power to administer the laws it...
Australia is a monarchy of the United Kingdom. It always has been, and yet this does not seem to have significantly and adversely affected our development and growth towards our country. Thus, there seems no legitimate purpose to change this; since a republican Australia displays a lack of conclusive benefits towards our economy and ‘way of life.’ An Australian republic would cost billions to undertake and is simply unnecessary as there are more important issues facing Australia; and if the Australian citizens are not calling for a referendum, then any serious discussions from politicians or other related public figures are irrelevant and meaningless.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
Australia is currently a constitutional monarchy, meaning that the Queen is our current head of state. We also have a written constitution, which limits the Queen and other authorities power. The governor general, who is appointed on the advice of the prime minister, represents the Queen.
Law Foundation, L.F. 1997. A Bill of Rights for Australia - But do we need it? [Online]. [20th December 2016]. Available from:
What is defined as a global citizen? They’re considered to be people or countries who understand their obligations at a global level. Over the past 50 years the countries of the world have become increasingly interconnected. With this, there has been an increasing awareness that only global cooperation can solve problems including poverty and epidemics, stop wars, and reverse environmental degradation and climate change. As the globe battles with these underlying problems, Australia’s partake, even the smallest amount, is fundamentally important, especially with its stance currently as being the 15th richest country in the world. However, in recent years Australia hasn’t demonstrated, in a few of these global issues, the true values and morals of being a good global citizen.
The legislative, executive, and judicial branches represent the constitutional infrastructure foreseen by the Founding Fathers for our nation 's governing body. Together, they work to maintain a system of lawmaking and administration based on checks and balances, and separation of powers intended to make certain that no individual or embodiment of government ever becomes too controlling. America is governed by a democratic government or a democracy which is a government by the people, in which the power is established in the people themselves. The people then elect representatives who carry out their power in a free electoral system. The United States government’s basic claim is to serve the people and only through a combined effort can we
The powers of these branches are outlined in the first three chapters of the Australian constitution, entitled The Parliament, The Executive Government and The Judicature, respectively. The parliament (or legislative) is responsible for making and amending laws and is made up of the Governor General, Senate and House of Representatives. The parliament’s powers are outlined in section 1 of the constitution. The executive is responsible for putting laws into action and is made up of the Queen, Prime Minister and Ministers. The executive’s powers are addressed in section 61 of the constitution. The judiciary makes judgements about legislation and is made up of the High Court and other federal courts. The powers of the judicial branch are outlined in section 71 of the constitution. It can be concluded that the separation of powers doctrine, if it were completely true in practice, would ensure that the branches of government would only have a certain amount of power, meaning that Australia’s political and legal system operates
The United States government braces its power among three powerful branches, legislative, executive and judicial. These branches interact with one another to establish authority that is strong, yet equal to have power over the country. Each branch pursues certain responsibilities and duties to operate in an efficient and effective manner in which society upholds. The executive, legislative and judicial branches all interact amid each other to validate accuracy of the nation’s most powerful law of the land, the Constitution. It is important to know how these branches interact with each other to learn how a bill becomes a law. Reflecting on how the three branches promote a balance of power that is constructive to include the agendas and electoral roles that also plays a vast part in the government’s operation.
Federation is multiple states coming together to join as one. For example the federation of Australia is made up of 6 states and 2 territories, New South Wales in 1788, Tasmania in 1825, Western Australia in 1831, South Australia in 1836, Victoria in 1851, Queensland in 1859. But in 1901 was when Australia became a nation.
In understanding the role of the Australian constitution it can be disputed that the Australian constitution is highly significant in the operation of government. The Australian constitution is a set of rules by which Australia is run. It came into effect on the 1 January 1901. This document has been important in the shaping of Australian society. 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
This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group.... ... middle of paper ... ... Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems, (4th edn, Sweet & Maxwell 2010).
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.