Doctrine of Separation of powers in Australia - Essay Example

It is evident that “separation of powers” limits the control and authority of each arm. This is because when power is divisible between the three branches of government, a division that is too strong or manipulative lacks. Notably, none of these branches is entirely separate from the other. The three arms of government are interdependent and connective (Patapan, 2000). Separation of powers The Commonwealth Constitution provides for separation of legislative, judicial and executive power. The high court separated judicial power from both executive and legislative in several cases involving constitutional matters.

The courts are not allowed to separate the authority exercised by the legislature and executive. A useful example of separation of power in commonwealth countries is Australia. The authors of the Australian constitution borrowed this concept from both the American and British constitution. This enabled them to devise a document called Hybrid constitution (Coper & Williams, 2001). The Australian constitution draws distinctions between the legislative, executive and judicial powers. This means that, in accordance with the commonwealth governance, the branch that abuses power can have its actions declared illegal by a court.

The parliament is also the legislative organ in the Australian constitution. Its role is to make, review and amend laws. It comprises of a House of Representative members who are also the lawmakers. The executive comprises of ministries that help to put the laws into action. The ministers and permanent secretaries oversee the executive. The judiciary is mandated to make laws and judgements on issues affecting the country. It is made of the federal courts and high courts. The executive is selected by parliament while governor-generals who are also members of parliament appoint the judiciary (judges) with the principle of separation of powers, (Patapan, 2000).

Commonwealth judicial officers have a security of tenure. However, the judicial officers retire at seventy. It is equally evident that the executive makes the appointments. After appointing the officials, their names are gazetted to make it official. The executive can dismiss judicial officers through Governor-General after approval by the parliament. The officers can be fired if they misbehave or are unable to perform (Lee, 2003). Benefits and issues The system of power separation is the main standard of governance in Australia.

It is effective in checking corruption and power misuse in the government. This is because it eliminates the concept of monopoly by dividing power to the different organs. This is because each group operates within its area of jurisdiction to keep check on the status and actions of the other group. (Lee, 2003).The coalition works towards the maintenance of support from the majority members of house representatives. This enables them to stay in the government. It also provides a valid check on the executive by ensuring responsibility to parliament.

The theory of power separation guides the government into implementing and managing the state laws. This results in responsible government that is imperative to maintaining the government. The principle of “separation of powers” is associated with fair governance. The separation in Australia is not strict as it works towards the building of essential democratic concepts