Separation and Division of Powers

Which of the below are examples of Australia's democratic principles (you can choose multiple answers)

• Responsible Government

• Ministerial Privilege

•  Responsible Government

• Representative Democracy

•  Parliamentary Sovereignty

Answer explanation

•Responsible Government

• Ministerial Responsibility

• Rule of Law -

• Parliamentary Sovereignty

• Separation of Powers

There are three different types of powers that exists as a result of the Australian Constitution, what are they?

Answer explanation

vExclusive

v Concurrent

v Residual

True or False: •Exclusive powers are those powers that can only be exercised (used) by the Federal Parliament.

• True

• False

Answer explanation

•These powers are listed in the Constitution and include:

v Section 90 gives exclusive power  to the Commonwealth to impose customs and excise duties

v Section 114 prohibits the States from having their own armed forces

v Section 115 prohibits the States from making its own money.

vSection 52 gives the Commonwealth power to make laws for its territories, including the ACT.

A power is said to be concurrent if both the State and Federal Governments can pass laws on the same matter.

If there is a (a)   between the states and the Federal Government, or there is an inconsistency in these laws, the federal laws prevail over the state laws (s 109).

•Before Federation, each colony had its own set of powers. At Federation some of these powers were handed over to the Commonwealth (s 51).

The remaining powers stayed with the states (s108); they are called the (a)   .

The separation of powers divide the institutions of governments into three groups. They are.......

Answer explanation

–Legislative (Parliament)

–Executive (Government)

–Judiciary

True or False: The Executive have the power to implement laws passed by the Parliament and are in-charge of Government Agencies and Departments.

• True

• False

This is one of the most important checks on the power of Government because it provides a legal process in
the courts for individuals to challenge the decisions of the Government (select the correct answer form below)

• When sworn in to office, judges make
  the following oath to ‘...do right to
  all manner of people according to law
  without fear or favour, affection or ill-
  will’ (be fair and impartial)'

• Judges have the power to make various orders
  to give effect to their decisions.

• The Judiciary can strike down
  laws made by the Legislature, and
  declare actions of the Executive
  unlawful.

Answer explanation

The High Court of Australia provides one the most important checks on the power of Government in Australia.

It is an independent and impartial decision making body which has the power to overrule the decisions of all lower courts and to declare laws invalid and actions of the Executive unlawful.

Justices of the High Court are appointed by the
Governor-General on the reccomendation of the
Prime Minister.

The Executive: Who in this arm of government has the ultimate power over the Commonwealth of Australia?

Answer explanation

The Governor General

The Executive: Which of the below is the correct answer?

The Federal Executive Council is made up of...

• Prime Minister

  Treasurer

  Minister of Defence

  Minister for Finance

  Attorney General

• Prime Minister

  Treasurer

  Minister of Foreign Affairs

  Minister for Finance

  Attorney General

• Prime Minister

  Treasurer

  Minister of Defence

  Minister for Finance

  Attorney General

Answer explanation

They have the power to implement laws passed by the Parliament and are in charge of Government Agencies and Departments. They have powers, defined by law, to deal with social, economic or environmental
issues as they arise.