Separation Of Power Essay

Separation Of Power Essay-89
The Australian constitution act (1900) was being followed by the act of the Constitution of the United States of America (1788), which was responsible for the separation of powers within the different branches of the constitution.The Amercian constitution sets out the power in following format: — This power of separation in the constitution of US had been taken as the prima facie in the Australian constitution and the Australian Commonwealth Constitution set out the separation of power in the following format: — After the independence of Australia in the year 1788, the founding fathers of Australia were in a dilemma whether to choose the American or British constitution.

Each state has its own Governor, who works as the head of the government.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.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.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.The governing committee of Australia thought of having a new role for the Attorney-General, and it required to create some new mediating institutions.In the year 1995, the Attorney-General Williams criticized that there is no longer any reason to treat the High Court as an institution, which is separate institution other than policy making bodies (Williams, 1995).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.


Comments Separation Of Power Essay

  • Separation of Power Essay - 728 Words Cram

    Essay The Theory Of Separation Of Powers. The theory of separation of powers is an idea that leads us back to ancient Greek times. It is a doctrine which represents a way of analysing government and the extent to which a state organises the distribution of power in its different branches.…

  • Separation of power Malaysia Essay

    There is a separation of powers between the central government and other provinces. 2separation between the central government and state governments in terms of political institutions as the legislative, the judiciary, and executive. 3the constitutional legal mutually agreed in writing. 4a clear constitution.…

  • The Separation of Powers and Checks and Balances Essay

    The separation of powers and checks and balances is a system that was created in America by the founding fathers in the constitution of the United States. The separation of power plays an important role of keeping the three branches which are legislative, executive, and judicial in the government systems equal to one another and that neither.…

  • Separation of powers free essay sample - New York Essays

    Montesquieu described the separation of political power among a legislature, an executive, and a judiciary. Montesquieu’s approach was to present and defend a form of government which was not excessively centralized in all its powers to a single monarch or similar ruler.…

  • Seperation of Powers Essay Example Graduateway

    Seperation of Powers Essay. The Judicial Branch in Regard to Separation of Powers. The Doctrine of Separation of powers is that political power should be divided among several bodies as a precaution against tyranny. The ideal is opposed the absolute sovereignty of the Crown, Parliament, or any other body.…

  • The Separation of Powers Essay - Law Teacher

    The Separation of Powers, as usually understood, is not a concept to which the United Kingdom constitution adheres.’ Discuss. This essay aims to examine the reasons for and why it is important to have a separation of powers, to examine the United Kingdom’s constitution, assessing our somewhat unclear separation of powers, and discussing the reasons why we do not have a strict separation.…

  • Separation of Powers Essay - 665 Words Bartleby

    The Separation of Powers Doctrine Essay 1040 Words 5 Pages. The Separation of Powers Doctrine The Separation of Powers Doctrine can be traced as far back as ancient Greece and essentially the meaning attributed to it is the dividing functions of government between groups with different interests, so that no power in the centre can act without the cooperation of others.…

  • Essay The doctrine of separation of powers -

    Discuss the doctrine of separation of powers. Do you think that the separation of powers in the United Kingdom is sufficient? Separation of powers is a principle set out by Montesquieu in the 17th century after observing the British System of the time.…

The Latest from ©