The separation of powers claims that the executive, judicial, and legislative powers of the American government may be split or divided so that the power is not gathered into one whole single power. Each branch is to limit any one branch from exercising the core functions of one another The Separation of Powers Doctrine Essay. Words5 Pages. The Separation of Powers Doctrine. The Separation of Powers Doctrine can be traced as far back as ancient Greece and essentially the meaning attributed to it is the dividing functions of government between groups with different interests, so that no power in the centre can act without the cooperation of others Aug 07, · This essay aims to examine the reasons for and why it is important to have a separation of powers, to examine the united kingdom's constitution, assessing our somewhat unclear separation of powers, and discussing the reasons why we do not have a strict separation, taking into account the overlaps and relationships between each limb of government and the checks and balances required
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No matter what kind of academic paper you need, it is simple and secure to hire an essay writer for a price you can afford at StudyAcer. Save more time for yourself. Davenport S. To address the meaning of this statement it is important to separate the statement into individual questions.
What is a constitutional democracy? What is the doctrine of separation of powers? And lastly, what are the three parts that make up the separation of powers doctrine, separation of powers essay how does this operate in Australia? The following essay will provide a brief overview of these questions. The first part of Davenport S. As described by Way A, separation of powers essay. a constitutional democracy is made up of two parts.
Simply put, a constitutional democracy describes a countries framework that is somewhat controlled by the populous via the election of representatives governmentsand at the appointment of these representatives, the limitations of power they have within the constitution.
The Commonwealth of Australia Constitution Act referred to as the Constitution, hereafter infers differentiated powers both exclusive and concurrent, and at both a state separation of powers essay federal level. The doctrine of separation of powers was originally modeled on the Westminster system to achieve this responsible government approach, but also embodies many American concepts Harvard Law Review, This simply identifies the origin of the doctrine and how it is embedded within the Constitution separation of powers essay it absolute, separation of powers essay.
Each arm of government within the separation of powers model has differing levels of power and responsibilities Pembroke, M et al, separation of powers essay,pg.
These three sections will now be discussed, as they currently function within Australia. The Legislature also referred to as Parliament comprises the upper house the Senate and the lower house the House of Representatives. Members of the Senate and the House of Representatives are elected by the Australian population.
Both houses have equal power however the Senate is subject to some limitations regarding amendments to particular financial legislation Australian Government ComLaw, It can be said that the Legislature arm of the government is the starting point in the process of law making.
The process of passing a bill is carried out in three stages. Firstly it passes through the house of origin, either the upper or lower house. Once passed through this house it is then processed by the other house in a similar way. Subsequent to the bill passing through both houses, separation of powers essay, it is then submitted to Governor General Executive for Royal Assent.
On receiving Royal Assent, the bill then becomes law. The Executive consists of the Governor General, as a representative of the Queen, and the Executive Council Cabinet whose roles are to advise the Governor General on various matters.
Unlike other roles which are appointed via election, the Governor General is appointed by the Prime Minister. Similarly, members of the Cabinet Senior Ministers are appointed in these roles by the Prime Minister, from both houses, through an internal process. The appointment process in this case is somewhat contradictory to the essence of the doctrine of separation of powers, as both the Cabinet and the Governor General are selected by the government of the day Patapan, H Through the judicial review process, however, the misuse of power in the Executive arm is unlikely to occur.
Dissimilar to Executive and Legislature arms of government, which are somewhat interlinked, Judicature is an independent body and acts independently from the government. The Judicature High Court or Judiciary as it is commonly called, is made up of Chief Justices and Justices who are appointed by the Governor General. The role of the Judiciary is to interpret, apply and enforce law, separation of powers essay, and as Pemroke, M.
This in turn enables them to interpret laws the way they were intended at the time of implementation. To conclude this essay, it is important to note that each arm of the government — Executive, Legislature and Judicature, operate across both State and federal levels.
The power exercised across the Separation of powers essay and Federal levels is disparate, and is dependent upon Constitutional provisions.
In Australia today there is no clear separation of power between the Executive and the Legislature due to the relationship created by delegate functions Marquet, L This can be illustrated by the comparatively independent functions of the Judicature. Marquet, L. Patapan, HSeparation of Powers in Australia, Australian Journal of Political Science, Queensland, separation of powers essay, Vol.
Pembroke, M Thomson, J Sarre, RIntroduction to Law, Lexi Nexus Butterworths, New South Wales, pp. Study Acers provides students with tutoring and help them save time, separation of powers essay excel in their courses.
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The Separation of Powers Doctrine Essay. Words5 Pages. The Separation of Powers Doctrine. The Separation of Powers Doctrine can be traced as far back as ancient Greece and essentially the meaning attributed to it is the dividing functions of government between groups with different interests, so that no power in the centre can act without the cooperation of others The doctrine of separation of powers was originally modeled on the Westminster system to achieve this responsible government approach, but also embodies many American concepts (Harvard Law Review, ). The aforementioned quote also states that the “separation of powers is enshrined in the Commonwealth Constitution” Aug 07, · This essay aims to examine the reasons for and why it is important to have a separation of powers, to examine the united kingdom's constitution, assessing our somewhat unclear separation of powers, and discussing the reasons why we do not have a strict separation, taking into account the overlaps and relationships between each limb of government and the checks and balances required
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