The separation of powers is written into the Australian Constitution. The Australian Constitution outlines three arms of government:
• legislative • executive • judicial. Legislative power — Making laws The parliament is the part of government that makes and changes or repeals existing laws. It has two parts: the House of Representatives and the Senate. It also includes the Governor-General, who represents the King. A new law starts as a Bill. It must be discussed and voted on by both houses, then approved by the Governor-General. Once this happens, it becomes a law called an ‘Act’.
FIGURE6 When all the ministers meet, it’s called the Cabinet. They usually meet in the Cabinet Room at Parliament House.
Executive power — Carrying out laws
The executive part of government makes sure laws are carried out. The Governor- General has this power but ministers usually do the work. Each minister looks after different areas: • The defence minister manages the army. • The immigration minister is responsible for people coming to Australia. • The environment minister takes care of nature protection. Public servants help with these tasks, too.
Judicial power — Interpreting laws The judicial arm includes the judiciary and courts, which enforce laws and solve disputes. The courts make sure the law is fair and protect our rights . The High Court of Australia checks that both the legislative and executive arms follow the Constitution. Once a judge is appointed, they can’t be easily removed, this makes it less likely they can be inþuenced to make unfair decisions.
FIGURE7 The High Court of Australia has the power to interpret and enforce the Constitution.
Why do we have the separation of powers? Separation of powers keeps the government balanced. Here’s how it works: • Members of parliament make laws but must face elections regularly. If people don’t like the laws, they can vote for new members. • An independent court checks if parliament and the executive follow the Constitution. The High Court can cancel laws that break the Constitution.
TOPIC12 Government and democracy 457
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