Separation Of Power Essay

However, the Governor-General is responsible to act only in accordance with the elected government.

In this paper, a process of how the legislative power had been transferred and shaped between the Commonwealth and the States during these years, is discussed.

Some cases and sections have been discussed in this paper to provide an evidence for how the Federation of Australia has gone through some significant changes.

All these states have their own governments, which resembles the federal government.

Each state has its own Governor, who works as the head of the government.

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.We can also say that Australia: This type of model of government is often considered as the Westminster System, since it was being derived by the UK Parliament at Westminster.In this system, Australia has a federation of 6 states.The High Court took up the responsibility to minimize the ambiguities of the Australian constitution and defined the separation of powers in the Australian Constitution as a separation of judicial power from other powers (Alexander’s Case, 1918).This influenced on the overall development of the constitution of Australia, until the court recently admitted that it is not only responsible to govern the laws, but also to make the laws, in the year 1990 (Mason, 1990).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.This statement by the High Court was being criticized by many lobbyists, Politicians, and Judges and they raised many questions regarding the lawmaking judiciary and the creed of separation of powers.This theoretical imbroglio created immediate political insinuations for the separation of powers creed in Australia.The Australian Constitution defines the Parliament of Australia as the Queen, the House of Representatives, and the Senate.Actually, Parliament is the foundation of Australia’s responsible government.


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