Separation Of Power Essay

Separation Of Power Essay-49
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.

Each of these 6 states were a British Colony until the declaration of the Australia Constitution Act (1900).

The states are – New South Wales, Queensland, Victoria, South Australia, Western Australia, and Tasmania.

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.

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.

They had to choose from the two major concepts of separation of power: First concept was the derivation of the American Constitution and the Federalist (Hamilton, Madison, & Jay, 1982); while the other choice was from the British Constitution and the Blackstone (1765) (Patapan, 1999).

There was really a confusion whether to adopt the American or the British concept of separation of powers.

In this paper, a process of how the legislative power had been transferred and shaped between the Commonwealth and the States during these years, is discussed.

Some cases and sections have been discussed in this paper to provide an evidence for how the Federation of Australia has gone through some significant changes.


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