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The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches. This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other.
The name of the government in the Constitution of Australia is the "Government of the Commonwealth". [15] This was the name used in many early federal government publications. [16] However, in 1965 Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations. [17]
Like other Westminster-style systems of government, Australia's federal system of government consists of three branches: the legislative , the executive (the prime minister, the cabinet, other ministers, and government departments), and the judicature (the High Court of Australia and other federal courts).
The first three chapters state the respective powers of the legislature, executive, and judiciary. This split into three chapters has been interpreted by the High Court (most notably in the landmark Boilermakers' case) as giving rise of the separation of powers doctrine in Australia, most strongly between judicial and the other two powers. [32]
Each branch's efforts to prevent either of the other branches from becoming supreme form part of an eternal conflict, which leaves the people free from government abuses. Immanuel Kant was an advocate of this, noting that "the problem of setting up a state can be solved even by a nation of devils" so long as they possess an appropriate ...
In addition to the document's text, Australian constitutional law is affected by the structure of the document. The division of the three branches of government into chapters is understood to establish a Separation of Powers doctrine in Australia. It is also known that a number of unwritten constitutional conventions are present within the ...
The current federal government structure was established in 1901 by the Commonwealth of Australia Constitution Act, 1901. The first three national elections resulted in minority governments. The world’s first ever Labor Party Prime Minister took office in Australia in 1904, though Labor governed in minority.
3.1.1 Branches of the government. 3.1.1.1 Executive ... [3] the eastern half of Australia was later claimed by the British in 1770 and initially settled through ...