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.

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