What is the principle of separation of powers?
The Australian Constitution states how Australia is to be governed. The first three chapters of the Constitution define three separate institutions and their respective powers—the Parliament, the Executive and the Judiciary—and the roles that they are to perform in Australian governance. Under the principle of separation of powers, power must be distributed to avoid a monopoly of power. The three powers that manage law in Australia should therefore work separately from each other and work within defined areas of responsibility such that no one person belongs to more than one of these bodies and such that each power keeps a check on the actions of the others. History has shown that checks on the use of power are necessary to prevent misuse of power.
Related Questions
- If SJR 14 passes, won’t it upset the principle of Separation of Powers by authorizing the Legislature to hear and determine post-conviction cases instead of the courts?
- How is separation of powers in the mayor-council from of municipal government similar to that of the federal government?
- What is the principle of separation of powers?
