The Role of Government Sector: Constitutional Law and Policy

The Role of Government Sector:
Constitutional Law and Policy Adviser
• Separation of Powers ; Parliament, Executive and Judiciary
• The Australian Constitution defines three separate groups in the first
three chapters and the roles they play. The principle referred to as
separation of powers allows for the division of the federal law into the
three groups which have the power of making and managing the law.
This power should be evenly distributed to avoid its abuse. Each group
should ensure checks and balances on the other two.
• The Parliament plays the role of making and amending the law, the
Executive ensures that the law is put into action and the Judiciary’s role
is to make judgments regarding the law.
• My role as a government constitutional law adviser is to ensure that all
the three arms of government adhere to their individual powers and
that there is no overriding or redundancy of any such power.

Constitutional Heads of Power
The Australian constitution provides that Commonwealth
executive power is held by the Queen who is represented
by the Governor-General in the implementation of the
laid out mandates. In practice, it is the Prime Minister
and senior Ministers (Cabinet) who possess this power,
even though it is not laid out in the Australian
constitution. As a Government constitutional law
adviser, my role is to ensure adherence to the
constitutional provisions and its implementation or for
the amendment of such provisions which don not apply
in practice.