Question: Australias constitution indirectly refers to the separation of powers. What is the separation of powers? Are these powers actually separate? Use an example (case) to highlight your answer. (11 November 1975 is one example that may be used but any can be chosen).
*Ensure both questions (defining the separation of powers & determing whether they are separate) are clearly and succinctly answered.
Ideas to draw from:
Legislature – creates law
Executive – administers law
Judiciary – interprets the law
– Those who create, administer and enforce the law must also be bound by it – supremacy of law over the individual
– Notion that all are equal and separate from one another, uphold fairness and accountability
– Idea is that power is balanced and that they act as a check on each other
– However, in practice, parliamentary sovereignty exists, meaning the legislature is supreme over executive and courts as they can override common law and executive
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