Eleanor Finch
The Australian Constitution divides power between three branches of government, referred to as the separation of powers. The first three chapters of the Constitution outline the legislative, executive, and judicial powers of the Commonwealth as separate branches of government. The Constitution establishes a federal system of government, sharing power between the federal, state, and territory governments. The legislative branch, or Parliament, consists of the monarch, the Senate, and the House of Representatives. The executive branch, or Executive Government, is led by the Governor-General, who acts on behalf of the monarch and has the power to appoint and dismiss ministers. Finally, the judicial branch, or Judicature, vests power in the High Court of Australia.
| Characteristics | Values |
|---|---|
| Legislative branch | Legislature, Parliament, or Commonwealth |
| Executive branch | Executive Government, Executive, or Commonwealth |
| Judicial branch | Judicature, Judiciary, or High Court of Australia |
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What You'll Learn
The Australian Constitution
The Constitution establishes a federal system of government, dividing power between three branches: the legislature, executive, and judiciary. This separation of powers ensures that no single person or group holds all authority, providing a system of checks and balances. The legislative branch, outlined in Chapter I, consists of the monarch, the Senate, and the House of Representatives. It establishes the number of representatives and stipulates that they are chosen by the Australian electorate. The Senate is allocated unevenly between "original states", territories, and future states, while each electorate of the House of Representatives is apportioned equally by population.
Chapter II defines the executive branch, vesting power in the monarch and delegating it to the governor-general. The governor-general can appoint and dismiss ministers and is the Commander-in-Chief of the Australian armed forces. They also appoint the Federal Executive Council and act with their advice. The Constitution does not explicitly outline the constitutional conventions of responsible government, but the High Court has interpreted these as implied principles.
The judiciary, established in Chapter III, vests Commonwealth judicial power in the High Court of Australia, a federal supreme court. While the Constitution does not explicitly outline a complete separation of powers, the first three chapters define the distinct roles of each branch in law-making and governance. This division of powers across the three branches and between federal, state, and territory governments ensures the rule of law and protects the rights of Australian citizens.
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Federal, State and Territory Governments
The Australian Constitution divides power between three branches of government: the legislature, the executive, and the judiciary. This is known as the separation of powers. The Constitution establishes how the Commonwealth system of government is operated in Australia, outlining the role of federal parliament and how powers are shared between the three branches.
The Australian Constitution was drafted to create a federal system of government, sharing power between the federal government and the six state governments. The federal system of government was necessary to unite the colonies as a nation with a central government while allowing colonial parliaments to maintain their authority. The Constitution guarantees the existence of the states and territories and preserves their constitutions and law-making powers.
The federal government is responsible for areas that affect the entire nation, such as defence, immigration, and trade. Each state has its own parliament, and most have two houses, except for Queensland, the Northern Territory, and the Australian Capital Territory, which have unicameral legislatures. The Australian Capital Territory combines the responsibilities of both a local and state government.
The federal, state, and territory governments each have different roles and responsibilities exclusive to their requirements. However, they also share joint responsibilities in some areas, with support from the federal government. The Constitution provides a mechanism for resolving disputes regarding overlapping areas, with Section 109 stating that federal law overrides state law in cases of conflict.
The three branches of the Australian constitutional system, with their respective powers, provide a framework for governing the country and ensuring that power is not vested in a single person or entity.
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The Legislature
The Australian Constitution divides power between three branches of government: the Legislature, the Executive, and the Judiciary. This separation of powers ensures that power is not concentrated in a single entity, but rather distributed across different branches of government.
The Australian Constitution guarantees the continued existence of state parliaments and preserves their law-making powers. However, in the event of conflicting laws passed by the federal Parliament and a state parliament on the same subject, Section 109 of the Constitution states that the federal law overrides the state law or the inconsistent part of it.
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The Executive
The role of the Executive branch is to implement and enforce the laws made by the Parliament. They also have the power to make some laws and regulations independently, which are known as executive orders or decrees. The Executive branch is responsible for managing the country's public service and administering government agencies and departments. They also represent the country in international relations and negotiate and sign treaties on behalf of Australia.
In addition to the Prime Minister and their ministers, the Executive branch includes other elected and appointed officials who help govern the country. This includes the Attorney-General, who is the chief legal advisor to the government, and the Treasurer, who is responsible for the country's finances. The Executive branch also includes various government departments and agencies, such as the Department of Prime Minister and Cabinet, the Department of Foreign Affairs and Trade, and the Australian Defence Force.
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The Judiciary
The Australian Constitution divides power between three branches of government: the Legislature, the Executive, and the Judiciary. This separation of powers ensures that power is not concentrated in a single set of hands but is distributed across different branches of government.
The Australian court system is a hierarchical structure with the High Court at the apex. Below the High Court are other federal courts, including the Federal Court of Australia and the Family Court of Australia, which have jurisdiction over specific areas of law. There are also state and territory courts, such as the Supreme Court in each state, which deal with a broad range of legal matters within their respective state or territory.
The appointment of judges to the High Court and other courts is a process involving the other branches of government. The Governor-General, as part of the Executive, appoints High Court judges, while the Parliament plays a role in approving judicial appointments to other federal courts. This collaborative process ensures a degree of accountability and transparency in the selection of judges.
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Frequently asked questions
The Australian Constitution divides power between three branches of government, also known as the separation of powers: the Legislature, the Executive, and the Judiciary.
The Legislature, also known as Parliament, is responsible for making federal laws. It consists of the monarch, the Senate, and the House of Representatives.
The Executive, also known as the Executive Government, is responsible for enacting laws and administering the business of government through government departments, statutory authorities, and the defence forces. Executive power is vested in the monarch and is exercisable by the governor-general, who appoints the Federal Executive Council and acts with its advice.
The Judiciary, also known as the Judicature, is responsible for interpreting and applying the law. Commonwealth judicial power is vested in a federal supreme court called the High Court of Australia.
