A constitutional monarchy is when both the Government’s and the Crown’s powers are restricted by the overriding statute referred to as the constitution. Australia serves as the best example of a constitutional monarchy, other examples include New Zealand, Canada and Denmark. The United Kingdom is slightly different with no single constitutional document but a prominent Monarchy. The USA however, consists of a constitution without a monarchy, crown or head of state, this is known as a Republic. Other examples of a Republics include Russia and Brazil.
What is thought-provoking is that while Australia, the UK and the US have formed different types of government, they still abide by …show more content…
Australia’s Division of Powers and Separation of Powers are an important part of our democratic society.
Australia’s separation of powers divides the institutions of government into three different branches. This includes legislative, whose role is to create laws, executive, whose role is to enforce laws and judicial whose role is to interpret laws and solve civil disputes. Although there is a general understanding that the separation of powers do not interfere with each other, there is sometimes a ‘common ground’ between all three levels. For example front bench ministers in Parliament exist in both the executive and legislative departments.
The separation of powers ensures that these roles can be carried out effectively without partiality. It keeps one part of the government from dominating and becoming too powerful. History shows that unlimited power in the hands of one group or establishment means that others are suppressed and their powers condensed. The separation of powers seeks to prevent abuse of power and be a safeguard for liberty. An example of this can be shown when the legislative department also had the authority to interpret laws and solve civil disputes in ancient Britain. (Parlament.gv.at, …show more content…
Australia’s court system is divided into different categories for numerous reasons.
Australia’s court system is divided into four different categories, High, Supreme, District and Magistrates. Within these courts there is an appellate jurisdictions and consists of both criminal and civil cases. Depending on the severity of the crime, different cases will be heard in different courts. For example murder would be heard in the Supreme Court whilst minor offences might be heard in the district or magistrates court. This allows plaintiffs and defendants to pursue their case if they are certain that there has been a legal wrong.
Lower courts such as the district court or the magistrate’s court are compelled by higher courts, such as the High or Supreme Court when reaching their decisions, unless they have the ability to distinguish the facts of the case before them from the precedent case. To put it simply there would have been several injustices over history if there was only one court. It also allows the different States to have different courts to suit their jurisdictions and