Australian Legal System: Powers, Components, and Separation of Power

This report provides an overview of the Australian legal system, focusing on the distribution of powers between the Commonwealth and State governments, as defined by the Australian Constitution. It examines the legislative powers related to various subject matters, such as minimum school leaving age, capital punishment, control of illegal immigrants, construction of railways, government benefits, custom control, and drinking driving laws. The report also identifies and describes the key components of the Australian government, including the Commonwealth Parliament, Governor-General, Senate, House of Representatives, Executive Government, and Federal Judicature, along with their respective roles. Furthermore, it emphasizes the importance of the separation of powers in the context of a functioning democracy, highlighting its role in providing checks and balances, protecting citizens from government overreach, and ensuring the accountability of different branches of government. The report concludes by summarizing the key findings and emphasizing the significance of the Australian Constitution in defining the powers and responsibilities of the different levels of government.

Legal Studies

TABLE OF CONTENTS
INTRODUCTION................................................................................................................................3
MAIN BODY.......................................................................................................................................3
1. Determining whether commonwealth and state government has power to make legislations ...3
2. Components of government in Australia and their roles ............................................................4
3. Importance of separation of power in context of functioning of democracy...............................5
CONCLUSION....................................................................................................................................5
REFERENCES.....................................................................................................................................6

INTRODUCTION
The Australian constitution came into force on 1901.In Legal system of Australia,
constitution has established has set up the federal system of government. The boundaries of law
making power between commonwealth as well as state territory has been clearly defined by the
constitution. In context of legislative system of Australia, constitution is considered to be as a
fundamental legislation of Australia and it is to be followed by everybody including commonwealth
parliament and state governments.
The report have focus on determining the power which commonwealth as well as state
government posses in context of passing different norms. It will emphasize on identifying the key
components of legal bodies in Australia.
MAIN BODY
1. Determining whether commonwealth and state government has power to make legislations
In Australian legislative system, powers are distributed between national government that is
commonwealth and other 12 territories which are known as state government. Section 51 of
Australian constitution grants the power to Commonwealth of Australia. This section consists of
other thirty nine subsections and each of which provides the head of power under which parliament
have power to create legislations (French, 2018).
According to the section 51 of Australian constitution, parliament has right to formulate the
norms in context of people of any race that means only special laws. Section 51 (I) provides
parliament power to create legislation related to the trade and commerce. The power of the
commonwealth passing laws in context of different subject matters :
Minimum school leaving age: The state government has the power to make the legislation related to
the minimum school leaving age. Ministry of education has empowered to control as well as
regulate discipline of students in government schools. This power is provided to state by the
constitution of parliament.
Capital punishment :Neither Commonwealth and nor territories has the power to pass the law
related to the capital punishment. Only Federal parliament has the right to pass the legislation.
Control of illegal immigrants entering Australia : Section 51 of Australian constitution does not
provide commonwealth to create legislation for controlling entrance of illegal immigrants entering
in Australia. According to the section 51 of Australian constitution, commonwealth can make laws
related to the citizen of the Australia. Section 51, provides the parliament to make power for

control of illegal immigrants entering Australia. Immigration laws passed by the Australian
Parliament were based on 51(xxvii) from 1901 to 1984, and s 51(xix) thereafter.
Construction of new railways: According to section 51 , commonwealth can formulate laws related
to the construction of railways but only with the consent of state government. These are the
concurrent power given to the commonwealth (Economides,2018).
The payment of government benefits to unemployed: According to the section 51, of Australian
constitution only parliament has the power top make laws related to such type of subject matter.
Custom control at Australian airports : The commonwealth has the power to develop the law
related to custom control.
Law in relation to drinking driving: Section 51 of Australian constitution provides state government
power to make legislation that are primarily of state interest. But in context of Law in relation to
drinking driving commonwealth of Australia has power to make such legislation.
2. Components of government in Australia and their roles
The components of governments in Australia and roles are:
Commonwealth parliament : The crucial role of parliaments are to form government, legislate,
provides funds to legal authority, scrutinise the action taken by the government. In addition to this,
another important function of commonwealth parliament is to provide forum for popular
representation.
Governor journal : They are appointed by the queen on the advice given by the prime minister. The
governor general have various role to play. The duties of governor general can be categorised into
different groups these are statutory, constitutional, non-ceremonial duties, formal ceremonial duties
etc.
The senate : It is basically a very powerful chamber .Role of Senate is to do committee work.
House of representative: It consists of 150 members, each member represents a separate electoral
division (Stern, 2018). Duties of house of representative are to participate in formulation of norm.
Role of house of representative is to represent their electors.
Executive government: It consists of minister, governor general etc. Role of executive government
is to take advice from other ministers and approve the signing of formal documents such as
ordinance, regulation, statutory appointments etc.
Federal judicature: Govern general appoints the judge of high court. Role of high court is order to
interpret as well as apply the legislations. It is the duty of federal judicature to decide cases of
special federal significance including challenges to the constitutional validity of laws.

3. Importance of separation of power in context of functioning of democracy
Separation of power is considered to be as crucial element of the rule of law. The separation
of power is important as it provides crucial system of check and balances. In addition to this,
separation of power categorise or distributes power between different branches of government these
are considered to be as balances. The purpose of balancing is to ensure that every individual who is
part of government has equal power (Parkinson, 2018). The separation of power is important in
order to protects citizen from the abuse of government power. It is also necessary in context of
safeguarding freedom for all. It helps democratic parties in identifying their roles and responsibility.
In addition to this, separation of power is crucial for ensuring that the different government
branches control each other.
CONCLUSION
It has been concluded from the report that in Australian legislation the state government
have power to create laws related to the specific subject matter. The other fact which has been
concluded from the assignment is that septation of powers is essential in order to prevent citizens
from the government abuse of power. It has been concluded from the report that constitution of
Australia defines the power of different governments. The other fact which has found is that the
different element of governments has some roles and responsibilities to play such as role of
commonwealth is to provide funds to government.

REFERENCES
Books and Journals:
French, R., 2018. United states influence on the Australian legal system. UW Austl. L. Rev.. 43.
pp.11.
Economides, K., 2018. Cynical legal studies. Educating for justice: social values and legal
education.
Stern, L., 2018. Legal interpreting in domestic and international courts. The Routledge Handbook of
Language and Superdiversity.
Parkinson, P., 2018. Shared Physical Custody: What Can We Learn From Australian Law Reform?.
Journal of Divorce & Remarriage. 59(5). pp.401-413.
ONLINE:
David.J, Checks and Balances, Protecting Liberty Beyond Separation of Powers, 2015. [Online].
Available through :<http://www.shestokas.com/constitution-educational-series/checks-and-
balances-protecting-liberty-beyond-separation-of-powers/>.
Community Law association. 2016. [Online]. Available
through:<http://clra.info/constitution/section-51-107-powers-for-parliaments/>.