What are Business Laws & The Different Types (With Examples)

Running Head: Business Laws
0
Business
Laws
January 25
2019

Business Laws
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Part A
The doctrine of Separation of Powers: It is a doctrine which has acted as a basis for
framing the constitution of Australia. The doctrine of separation has divided the government
in the constitution into three different powers namely the legislative, judicial and the
executive. The legislative body is the Member of Parliament who is the elected
representatives of the people who makes and amends the law for their country on the basis of
a healthy debate. The doctrine of separation of power is one of the main functions which have
helped in framing the structure of the constitution of Australia. However, the laws in
Australia are made with the members of legislative and the executive body of the country.
The basic idea behind the implementation of such a doctrine to prevent the misuse of power
as the power may remain in the hands of few people. The doctrine has also confused many
people in locating the actual source of all the power. The doctrine of separation of powers has
provided the special powers to each and every different body of the government. It can also
be observed that the powers of the institutions like the judiciary, executive and the legislative
are performed by the separate individual. The basic function of each individual is to maintain
the rule of law in the country. The doctrine of separation of power ensures that the powers are
equally distributed between each and every departments of government.1 However, it can be
noted that every department has its own function which cannot be exercised by any other
department. The legislative has the right to form and amend laws for the country, the
executive enforces the laws which are made by the legislative and the judiciary helps in the
interpretation of laws which are made by the legislative body of the country.2 These
departments ensure that the rule of law prevails in the country and the rights and interest of
1 Henckels, Caroline. Proportionality, the Constitution and the Separation of Powers: Examining the Role of
Judicial Deference. (Routledge, 2016).
2 Jones, Nicky. Reforming the Australian Constitution: an overview of recognition proposals.
(Routledge, 2016).

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the citizens of the country stays protected. The following are the functions and duties of the
three departments of the government:
Legislative: The legislative body of the country helps in framing and amending the laws of
the country. The body ensures that the rights and interest of each and every individual in the
country stays protected. The legislative body consists of Members of Parliament who are the
elected representatives. These representatives work on the agenda set the political parties and
such parties after winning an election make the bill as per the needs and wants of the people.
Such bill is presented to the parliament where the provisions of such bill are being discussed
in the parliament where the members of the parliament have a detailed discussion regarding
the provisions of such bill.3 The bill will be approved only if the majority of the members of
parliament accept such proposal. After getting approved from the majority of the members of
the parliament the bill gets presented in front of the president and after the approval of the
president of the country, the bill becomes law.
Executive: It is considered to be another organ of the government which helps in the
execution of laws which are prepared by the legislative body of the country. The executive
body of the country ensures that the power does not lie in the hand of few people. The
executive body of the country has the right to seek help from the legislative and the judiciary
in making or interpretation of laws in the country. The executive body of the country ensures
that the rights and interest of the citizens of the country stay protected. However, the head of
the executive body is the President of the country. The laws which are prepared by the
legislature are approved by the president of the country where the bill becomes law which is
applicable to each and every citizen of the country.4
3 John McMillan, Re-thinking the Separation of Powers. (Routledge, 2010).
4 Cheryl Saunders, The Australian Constitution and our rights. (Future Justice, 2010).

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Judiciary: It is another department of the government which helps in the interpretation of
laws for the benefit of the country. Such interpretation of the law is done by the experienced
bench of judges and advocates. Such interpretation is done to protect the rights and interest of
the people and citizens of the country. The courts in Australia are divided in such a manner
where the civil and criminal cases are being dealt with by civil and criminal courts of the
country. The judicial system of the country has the right to penalise the offender or any such
person who has breached the rights and interest of another person. The person who has
performed such conduct is being penalised by the court of law in the form fines, penalties or
in the form of imprisonment.5 The judicial system of Australia is also committed to providing
and fair justice in very less period of time. Such function can only be performed by dividing
the courts into different parts; hence the court of law is divided in the form of hierarchy that
is the higher courts and the county courts. The justice system in Australia is very fair and
equitable to each and every citizen of the country where the court of law gives the right to the
stakeholders of the case to appeal in the higher courts of justice. It can be noted that the
judgement of the higher court of law prevails over the judgement of the lower courts of law
in Australia.6
The doctrine of separation of powers has made three different organs of the government of
the country which ensures the rule of law in the country. However, it can be noted that such
doctrine also works upon the principle of ‘responsible government'. Under this principle, the
5 Brian Galligan, and FL Ted Morton, Australian exceptionalism: Rights protection without a bill of rights.
(Routledge, 2017)
6 Enid Campbell, Hoong Phun Lee, and Enid Mona Campbell, The Australian Judiciary. (Cambridge University
Press, 2013).