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Question 1: Explain the roles of legislative, executive, and judicial arms of the government in Australia

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  • Essay length: 4098 words
  • Submitted: 20/06/2006
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University Degree Contract Law

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Question 1: Explain the roles of legislative, executive, and judicial arms of the government in Australia.

Government of Australia is divided into three parts i.e. Parliament, Executive government, and Judicature. Thus traditionally the law making body is the Legislature, the one responsible for executive functions is the Executive, and the one responsible for determining the meaning of law is the Judiciary. The historical reason for separating the functions was to secure freedom for the individual by controlling abuse of public power exercised by authoritarian rulers. Practically, this separation of powers cannot apply in Australia because of the close relationship of the Executive and the Legislature.

Parliament: In Australia, the nine Parliaments, as Legislatures, are the principle law-making authorities. Thus, law-making power of the Commonwealth is exercised by parliament. Parliament has two principle functions: the making of Legislation and the supervision of Executive. The parliament of Australia is not sovereign because of the division of legislative powers between the Commonwealth and States. The constitution divides total law making powers into specific powers, which is granted to Commonwealth parliament and general law making powers are retained by states, both the powers are limited by constitution by imposing prohibitions.

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