Separation Of Power Essay

Separation Of Power Essay-19
It is the Parliament, which is responsible for the making of laws.Parliament is also responsible to hold ministers and the concerning government, responsible for answering questions about their portfolios, asked by other members of the Parliament.

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It has been already clarified in the earlier section that the Australian Constitution was the amalgamation of American and British Constitution, so it follows the Westminster system, which was actually adopted from the British Constitution.

In this context, Australia can be considered as a federation, a parliamentary democracy, and a constitutional monarchy.

All the 6 states, excepting the Queensland has a 2 chambered Parliament.

Excluding this, there are also 2 self governing territories called ‘Australian Capital Territory’ and ‘The Northern Territory.’ The federal government is not allowed to override the decisions made by the State governments, but only in the accordance with the federal constitution (static.au, 2000).

In the early years of inception of the Australian Federation, usually the Governor-General was appointed by the British government and was generally a Bristish peer.

Then the circumstances changed in the early 1930, when the Australian government asserted the right to appoint the Governor-General, so Sir Isaac Isaacs became the first Australian to be appointed as the Governor-General of Australia, and all the Governor-General have been Australian since 1965.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.Australia had adopted the The Commonwealth of Australia Constitution Act (1900) and came into existence as a Commonwealth independent nation.It had adopted many sections from both the American and British Constitution and amalgamated them together to form a hybrid government in Australia.In this paper, a process of how the legislative power had been transferred and shaped between the Commonwealth and the States during these years, is discussed.Some cases and sections have been discussed in this paper to provide an evidence for how the Federation of Australia has gone through some significant changes.The Australian Constitution defines the Parliament of Australia as the Queen, the House of Representatives, and the Senate.Actually, Parliament is the foundation of Australia’s responsible government.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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