What is the separation of powers in Australia?

What is the separation of powers in Australia?

The Australian Constitution divides the power of government into three parts. They are legislative power, executive power and judicial power. The reason is simple: the system stops any one person or group from ending up with all of it.

You can think of it as three jobs with three different owners.

Legislative power: making laws

This is the power to make and change laws. It belongs to Parliament, which is made up of representatives elected by the people.

Parliament has two Houses, the House of Representatives and the Senate. A proposal for a law is called a Bill. You can see the whole path in how the Parliament works.

Executive power: putting laws into practice

The Executive is the part that carries the laws out. It includes the Prime Minister, government ministers and the Governor-General. Ministers are in charge of government departments.

Note the word "put into practice". The Executive does not write the law, and it does not judge whether someone broke it.

Judicial power: applying the law

Judges decide what the law means and use it in real cases. Courts and judges stand apart from parliament and government.

The booklet adds a strong detail. The government chooses judges and magistrates, yet it cannot remove one because it dislikes a ruling. Nobody may order a judge or magistrate how to decide. That is what independent means here.

Why it matters

Imagine one person who made the rules, enforced them and judged every case. Nobody could stop that person. Splitting the work stops that.

This idea fits the Rule of Law, which says that everyone, including people in power, must obey the law. If you want that link, read about Australia's democratic beliefs.

What about the Governor-General?

The Governor-General is listed in the Executive, but the booklet also says this person stands outside the government and has to stay neutral. They sign Bills into law, which is called Royal Assent, and they approve the appointment of ministers and federal judges. Keep the neutral role in mind, because it can look like a puzzle on first reading. More on this is in Australia's Head of State.

A simple table in words

• Make the law: Parliament
• Carry out the law: the Prime Minister, ministers and the Governor-General
• Apply the law: judges and courts

Say them in that order, and match each with a verb: make, carry out, apply.

Where the Constitution fits

The Constitution created Parliament and the High Court of Australia. The three powers are written into it. For the story of the Constitution and how it can change, see the Australian Constitution. The booklet covers this in Part 3, government and the law.

Try the free practice test after you read, and see whether you can tell the three powers apart when the wording changes.

Check yourself

• Which verb goes with each of the three powers?
• Who holds executive power?
• Why is it important that judges are independent?