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Why is there not a complete separation of powers in Australia's political system?

Question

Why is there not a complete separation of powers in Australia's political system?

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Solution

Australia's political system does not have a complete separation of powers for several reasons:

  1. Overlapping Roles: In Australia, the three branches of government - legislative, executive, and judicial - have overlapping roles. The Prime Minister and the Cabinet, who are part of the executive branch, are also members of the Parliament, which is the legislative branch. This overlap of roles means that there isn't a complete separation of powers.

  2. Responsible Government: Australia follows the Westminster system of 'responsible government', where the government is responsible to the Parliament. This means that the government must maintain the confidence of the Parliament, particularly the House of Representatives. If the government loses a vote of confidence, it may be required to resign or call an election. This close relationship between the executive and legislative branches also prevents a complete separation of powers.

  3. Judicial Review: The High Court of Australia has the power of judicial review, which allows it to interpret the Constitution and invalidate laws that it finds to be unconstitutional. However, the Parliament can also influence the interpretation of the Constitution by passing laws and proposing constitutional amendments. This interaction between the legislative and judicial branches is another reason why there isn't a complete separation of powers.

  4. Checks and Balances: The system of checks and balances in Australia's political system also prevents a complete separation of powers. For example, the Governor-General, who is part of the executive branch, has the power to refuse to assent to laws passed by the Parliament. Similarly, the Senate can reject or amend legislation proposed by the House of Representatives. These checks and balances require the branches of government to interact and cooperate with each other, which prevents a complete separation of powers.

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