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The Judiciary (sometimes called the courts) makes judgements about the law. The Judiciary is made up of the High Court of Australia and other federal courts. The Australian Constitution divides the power to make and manage laws between 3 largely separate groups. This division is based on the principle of the separation of powers.
The ‘separation of powers’ is the principle that the power to make and manage laws should be shared between different groups— the Parliament, the Executive and the Judiciary —to avoid one group having all the power. The first 3 chapters of the Australian Constitution define the Parliament, the Executive and the Judiciary in Australia ...
The key components of Australia’s system of government are: democracy. representative democracy. constitutional monarchy. a federation of states. an Australian Constitution which distributes the power to make and manage laws between the Parliament, the Executive and the Judiciary – this is known as the separation of powers.
How Parliament works. System of government. Current: Parliament, Executive and Judiciary. Parliament, Executive and Judiciary. Explore how the power to make and manage law is shared in Australia with this interactive. It can be used in the classroom to illustrate the separation of powers. interactive.
The Judiciary – the High Court of Australia and other federal courts – has the power to interpret laws made by Parliament and judge if laws are consistent – valid – with the Constitution. The Executive come up with ideas for new laws or changes to existing laws and are responsible for putting laws into action.
The rule of law and the separation of powers limit the powers of the Parliament, the Executive and the Judiciary. The Parliament and the Executive must act lawfully and can be held to account by the courts if they don’t. The Australian Parliament cannot judge the limits of its law-making powers—this is the role of the High Court of Australia.
Who makes law in Australia? Australia is governed by laws which are made in different ways: statute law is made by parliaments. delegated law is made by the Executive – the Prime Minister and ministers – or by government officials. common law is made by the Judiciary – courts. The law-making power of the Executive and the Judiciary is ...
Judges' appointment, tenure and remuneration 16. The Justices of the High Court and of the other courts created by the Parliament: shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office. The appointment of a Justice of the High Court shall be for a term expiring ...
Judicial review is when a court is asked to decide on the lawfulness of a decision made by the Australian Government or a government department. It plays an important role in Australia’s system of government by ensuring the accountability of the Government. A person seeking to obtain judicial review of an Australian Government action must sue ...
The Executive (represented by a group of people) has the power to put law into action. The Judiciary (represented by an icon of a scale) has the power to make judgements on law. The three groups—Parliament, Executive and Judiciary—are connected.
