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Discuss the extent to which the separation of powers acts as a check on the Commonwealth Parliament in law-making. - VCE - SSCE Legal Studies - Question 6 - 2023 - Paper 1
Question 6
Discuss the extent to which the separation of powers acts as a check on the Commonwealth Parliament in law-making.
Worked Solution & Example Answer:Discuss the extent to which the separation of powers acts as a check on the Commonwealth Parliament in law-making. - VCE - SSCE Legal Studies - Question 6 - 2023 - Paper 1
Step 1
Judicial Power as a Check
Answer
In Australia, judicial power is vested in the High Court and other courts, which have the authority to rule on the validity of Commonwealth legislation and interpret the Constitution. This means that if the Commonwealth Parliament passes a law that is unconstitutional, the judiciary can invalidate that law. The judiciary acts independently of the Parliament and is appointed by the executive, not elected, which reinforces its role in checking the law-making powers of Parliament.
Step 2
Legislative Responsibility
Answer
The Parliament is responsible for making laws, and this responsibility includes potential checks by the legislative process itself. Parliament must consider various factors, such as public opinion and constitutional limits, when creating laws. If there are serious concerns about a proposed law, it can lead to further discussion and potential alterations before it is passed, reflecting the role of checks and balances within the legislative framework.
Step 3
Executive Power and Its Limitations
Answer
Executive power is executed on behalf of the Crown by the Governor-General and carries significant responsibilities in law-making. If Parliament entrusts the executive branch with law-making powers, there are mechanisms to review and challenge such laws, ensuring that executive action aligns with the Constitution and legislative intent. This structure allows for scrutiny and promotes adherence to democratic principles.
Step 4
Governor-General's Role
Answer
The Governor-General serves as a representative of the Crown and has the power to approve or disallow laws passed by Parliament. This function acts as a further check, as the Governor-General can effectively prevent a law from taking effect if deemed inappropriate, highlighting the significance of executive influence in the legislative process.
Step 5
Conclusion
Answer
Overall, the separation of powers serves as a crucial mechanism for checks and balances in the law-making process. Each branch of government has distinct roles, and the interactions among them help to maintain accountability and protect citizens' rights against the potential misuse of legislative authority.