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What is the separation of powers?

The separation of power refers to 3 powers: the Executive, the Judiciary, and the Legislative. They are equally essential and avoid one group having too much power.

Answer

The Executive

The Executive is made up of the British Monarchy, which the Governor-General represents, the Prime Minister and cabinet ministers. Cabinet ministers are ministers in charge of a portfolio, e.g. the Minister for Defence, Minister for Home Affairs, Minister for Immigration, and Treasurer. These are people who execute and approve of the laws.

The Legislative

The Legislative comprises of all members of the House of Representatives and the Senate. These are people who legislate the laws. They are very similar to the Executive, as the Prime Minister and cabinet ministers are technically included in the House of Representatives and, therefore, the Legislative power.

The Judiciary 

The Judiciary consists of the State and Federal courts, including the High Court. They make judgments about the laws. Judges' decisions act as binding precedents for later decisions on lower courts. This is known as common law. However, statute law, which is laws made by Parliament, can override common law, on any matter except Constitutional Interpretation.


Whilst they are technically separate powers, the executive and legislative are quite close. Nevertheless, the judiciary and parliament, which are both the executive and legislative branches, work independently. For example, Parliament can only create law; it cannot judge if the law has been broken. Parliament also does not have the power to remove a judge if they are unhappy with their decisions. They also do not have the power to change a decision of the High Court.