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    • Separation of powers – Well may we say, “God save the Queen”
    • Separation of powers – The powers of State Courts
    • Separation of powers – Parliament cannot make laws to keep evidence from the High Court
    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
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Australian Parliament House. Source: JJ Harrison

PRINCIPLE 3: SEPARATION OF POWERS

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​The Separation of Powers in the Constitution divides the institutions of government into three groups. These are the Legislature, the Executive and the Judiciary. The legislature is better known as the Parliament, which debates and makes laws. The Executive Government, which we usually refer to as ‘the government’, recommends new laws and puts them to the Parliament. The Judiciary applies and interprets the law.

French philosopher Montesquieu said the King’s power must be limited 
Every person with power is apt to abuse it. To prevent this, power should be a check to power. When the legislative and executive powers are the same person there can be no liberty. The monarch might enact tyrannical laws and execute them in a tyrannical manner. 
(paraphrased)

What is the Separation of Powers?
Checks and balances on the people in our institutions of government mean none of them have too much power. The first three chapters of our give legislative power to Parliament, executive power to the Government and judicial power to the courts.

What are the rules for each branch of government?
The Parliament debates and makes laws that everyone in Australia must follow. The Executive Government implements laws once passed. Courts apply and interpret the law. 

​How do the three branches of government restrain each other?
If the Government recommends a law unacceptable to Parliament, Parliament can refuse to pass it. If an unconstitutional law is made by the Parliament the Court can invalidate it. The Court can only rule on matters allowed by law or the Constitution.

The separation of powers protects us
Sometimes the Government is frustrated when Parliament does not pass legislation. And occasionally people complain about the Court striking down unconstitutional laws. But the system was deliberately designed this way to protect us from an abuse of power. 

Click here to download a PDF of Principle 3: Separation of powers in detail

Click here to read about the Separation of Powers High Court Case - Parliament cannot make laws to keep evidence from the High Court

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​​Telephone: 1800 009 855
Exhibition Address: High Court of Australia, Canberra 
email: info@australianconstitutioncentre.org.au
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​
  • About Us
  • The Australian Constitution
    • What is the Australian Constitution
    • The Writers of the Australian Constitution
    • The Australian Constitution
  • Origins of the Constitution
    • Where did the Australian System of Government come from?
    • Timeline
  • The Six Principles
    • Democracy
    • The Rule of Law
    • Separation of Powers
    • Federalism
    • Nationhood
    • Rights
  • The High Court
    • The First High Court
    • The Role of the High Court
    • Democracy – The Right to vote survives incarceration
    • The Rule of Law - Miners pay rise is unauthorised
    • The Rule of Law – The government overreached when it banned the Communist Party
    • The Rule of Law - Even a murderer deserves a fair trial
    • The Rule of Law - The High Court limits Federal Government spending powers
    • Separation of powers – Well may we say, “God save the Queen”
    • Separation of powers – The powers of State Courts
    • Separation of powers – Parliament cannot make laws to keep evidence from the High Court
    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
    • Nationhood - The Constitution saves the Franklin River
    • Rights - NSW Government compulsorily acquires wheat during World War I
    • Rights - High Court overturns 200 years of common law
  • Resources
    • Australian Constitution Centre Resources
    • FAQs
    • Glossary
    • Take the Knowledge Quiz
    • Introduction to the education program
    • Lesson Plans >
      • Lesson Resources ACHASSK134
    • Links to other relevant organisations