Separation Of Power Essay

Separation Of Power Essay-60
It has been already clarified in the earlier section that the Australian Constitution was the amalgamation of American and British Constitution, so it follows the Westminster system, which was actually adopted from the British Constitution.In this context, Australia can be considered as a federation, a parliamentary democracy, and a constitutional monarchy.Australia had adopted the The Commonwealth of Australia Constitution Act (1900) and came into existence as a Commonwealth independent nation.

The other part of the Australian Constitution is the Senate, which is considered as an ‘upper house’ and responsible for representing the 6 states of Australia, and other 2 self-governing territories.

All the 6 states elect around 12 senators and the territory elects 2. Senators generally work for a 6 year term, and then new senators have been re-elected by election.

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.

In the early years of inception of the Australian Federation, usually the Governor-General was appointed by the British government and was generally a Bristish peer.

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Then the circumstances changed in the early 1930, when the Australian government asserted the right to appoint the Governor-General, so Sir Isaac Isaacs became the first Australian to be appointed as the Governor-General of Australia, and all the Governor-General have been Australian since 1965.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.However, the Governor-General is responsible to act only in accordance with the elected government.The monarchy of the Australian constitution has also been responsible for the separation of power.So, the founding fathers of Australia have found a middle path and amalgamated the American federalism with the British form of responsible government, and the result was in the form of a hybrid government (Emy, 1978; Galligan, 1995).Since the Australian Constitution was the mere amalgamation of these two major constitutions, many revelations of ambiguity had been discovered after the initialization.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.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.


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