Separation of power, Australian law, international law, Australia, separation of powers
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. [...]
[...] Choice Reviews, 31(01), pp.31-0550-31-0550. Leichhardt The Australian Military and Civil Unrest: The Legal and Constitutional Issues , The Federation Press .University of Toronto Law Journal 58 421-480 Williams, J. M The Australian constitution: a documentary history. Melbourne, Melbourne Univ. Press Cases Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill (No 2014 (Cth) Grollo v Palmer  HCA 26; (1995) 184 CLR 348 (21 September 1995) . [...]
[...] The introduction of the new laws is effected in three stages with the aim of bolstering security agencies powers and simplifying the identification and prosecution of Australian anti-terrorism activities. Stage one involves national security amendment bill", step two involves "counter-terrorism legislation change and final stage involves telecommunication law. The counter-terrorism bill enhances the Australian court to identify and prosecute Australian citizen that engages in overseas terrorism activities, through suspension of accused passport for fourteen days that restricts the accused movement (Leichhardt 2009, p.37). However, the attorney argues that travel restriction of the accused may not reverse the proof onus. [...]
[...] Basically, it is an acknowledged assumption that separation of powers is regarded as any fair government cornerstone. Australian separation of authority version entails a combination of democratic concepts that are embedded in constitution system referred to as Westminster also called responsible government doctrine. Under section 64 of the Australian law, there is provision that federal ministers should be executive members and are obligated to attend parliament sitting (Government at work 1993, P.31). Through this parliamentary attendance by federal ministers, helps in the establishment of legislature and executive connection. [...]
using our reader.