In a recent debate the Federal Attorney General said that he could not act because it would threaten the 'separation of powers' - VCE - SSCE Legal Studies - Question 1 - 2003 - Paper 1

The 'separation of powers' is a fundamental doctrine in the Australian parliamentary system, emphasizing that the powers of government are distributed among three distinct branches: the legislative, executive, and judicial branches.

1. Legislative Branch: This branch is responsible for making laws. In Australia, this function is exercised by the Parliament, which consists of the House of Representatives and the Senate.

2. Executive Branch: This branch administers the laws and is led by the government, which is formed by the political party (or coalition) that has a majority in the Parliament. The executive power is generally not involved in the legislative process.

3. Judicial Branch: This is responsible for interpreting laws and administering justice. Courts and other dispute resolution bodies operate independently of the legislative and executive branches to ensure that justice is carried out fairly.

The principle of separation of powers aims to prevent any one branch from abusing its power, thereby safeguarding democracy and upholding the rule of law. It ensures that the branches maintain a balance of power and that each is kept 'separate' from the others, preventing interference and fostering accountability.