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Separation of power in Australian law

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  1. Separation of powers
  2. Australia foreign terrorism bill

Principally, it refers to constitution principle and ideology that offers check and balances to any power vested in any institution or person. Governmental authorities are divided into different branches for example, there is legislative arm that comprises of senate and parliament, executive consisting of cabinet, prime minister, and or the president, and finally judicially that consists of judges and chief justice (Aroney 2008, p. 435). Each of the following three branches are mandated to undertake specific tasks, for example, legislature engages in law making process, executive operationalizes the laws and judicially involves in law interpretation.

[...] Similarly, there exists restriction on some powers that are over-ruled by the executive on some passed laws in a process referred to as judicial review. Australia has exceptionally high and significant party discipline affiliated mostly to the lower house. However, the upper chamber or the senate has restrained power effect that affects executive ability to undertake query decision and to block and amend government legislation. Section 44 offers legislative and executive physical separation of power that concerns membership disqualification that excludes government employees guided by Commonwealth contractual arrangements. [...]


[...] The proposed bill fits in the separation of powers in that the minister of immigration is an executive as well as a legislature because he is an elected member of parliament. Therefore, the parliament will undertake their obligation to put in place legislation that gives the federal minister power to revoke the citizenship (Ahmed 2013, p.37). However, the minister in his executive capacity will affect the powers and legislation bestowed upon the ministerial docket that he occupies. However, in case of any dispute concerning the law the judicial comes into play to offer a legal interpretation on the bill through the office of the attorney general. [...]


[...] This is a precautionary measure to curb the increasing rate of terrorism globally. Consequently, anti-terrorism bill is recommended by security agencies and has significantly and accurately indicated that indeed separation of power in Australia has demonstrated that it's the cornerstone or foundation for any democratic government to thrive in. Reference List Ahamed, F Does Australia Need a Constitutional Bill of Rights MEJB, pp.35-38. Aroney, N Democracy, Community, and Federalism in Electoral Apportionment Cases: The United States, Canada, and Australia in Comparative Perspective. [...]

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