Essay on The Australian Constitution

Added on - 22 Jul 2020

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The Australian constitution divides the power between three bodies, legislature, executiveand judiciary. The power is balanced between these three to keep check on the powerdistribution. Judiciary is the justice system and it can annul the laws made by the legislature andit also has the power to regard the executive decision as unlawful. Judiciary is an important partof the three tier of government as it provides the right to an individual to challenge the decisionsof the executive government with the law bounds in court (Moens, Trone and Lumb,2012). Thehigh court of Australia provides a measurable check on the working of the government.Executive part of government consists of the federal commission which is responsible to put thelaws into operations. The legislature is the body which make the laws.The division of power inAustralia is poorly defined in the constitution(Saunders, 2010).The separation is ineffective andis followed by the democratic concepts of Westminster policy, the doctrine of responsiblegovernment and US separation of power.The argument present is that the powers which aredivided are high evidentialand there is no about surety about the real holder of the power amongthe three bodies in the Australian politics.It can also be argued that there are certain rules whichare guided in the separation which form common ground sometimes.The legislature andexecutive carry only some separation the power distribution. There is severe overlapping in thepowers. The legislature and executive have the same members, the federal executive council isthe very part of the house of parliament in legislation (Sen, 2010).Issues:The senate is formed by on the basis of results of elections. With the use of proportionrepresentation system it was ensured that there is representation nearly in proportion to theirshare in vote, the senate allows small parties and states to get a reasonable representation. Thegovernment mostly has minority and less majority. This creates hindrance in the legislation ofthe government. The bills passed by the house of representation needs to be passed by the senateto clear and become law (Curtin, 2016). The senate has job to scrutinize bills and find itsrelevance in regard to public interest.It can be argued that the constitution of Australia is restricted by the ideas and situations of the1900's and the country has changed largely from that time.It has expanded and grown in theyears, with that the circumstances have vastly changed (Roberts, 2011). This raises problems1
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