When Australia became a federation on the first of January 1901 many of the laws and conventions that we have today were taken from the major global influences of the time: America and England. This is why like the United States, but unlike the United Kingdom, Australia has a written constitution that prescribes the rules and regulations that must be followed by the Australian people, government and legal system. One segment of the Commonwealth of Australia Constitution Act (1901) is considered to be a major base element of how Australia is run. This segment of the constitution is largely prescribed in the first three chapters of the Australian Constitution; this concept is often referred to as the Doctrine of the Separation of Powers. It
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Each of the three institutions each plays a different role in the creation, enforcement and administration of law created in the Australian parliament. In theory, this doctrine is essential for the protection of the rights and civil liberties held by the people in Australia. Due to the three separated institutions no one institution has more power than the other two; thus ensuring no corruption or violation of rights transpires. There is a major emphasis on the independence of the Judicial arm of government in our constitution as it is itself a basic right held by everyone in Australia; that is the right to be tried before an independent judiciary. However, some critics of the Australian Legal System would claim that there is no true separation of powers in Australia both currently and historically. It has been argued that, despite the Doctrine of the Separation of Powers being undeniably important, the power held by certain institution are not the same powers set out in the constitution when Australia was …show more content…
The first gangs were the larrikin gangs in the 1800s. However, in contemporary Australia gangs have a new look, motorcycles. The assortment of criminal motorcycle clubs have been an issue in Australia since the late 60s. What started out a motorbike appreciation groups turned into a violent criminal organisation that used extortion, drugs, arson and even murder to make money over decades. One of the major incidents was the 1984 Milperra Massacre which resulted in 63 murder convictions in total. Queensland is, by numbers alone, the bikie capital of Australia meaning that it is one of the states most affected by these organisations. This sparked new legislation that was made every quickly with the aims of subduing the amount of violent crime and drug trafficking that was occurring. These laws made it a crime to show affiliation to any of the original 27 outlawed bikie clubs. This was largely considered to be guilt by association by people close to the gangs as it was now a criminal offence to be associated with people in Motorcycle clubs. This was, however, a minority opinion and didn’t warrant too much thought. Not long after Queensland’s laws were put in place South Australia made “A bad copy of Queensland’s”. The laws created in Queensland enhanced the powers held by the Crime and Corruption Commission. This also increased the power that the police had which allowed them to have
Each of the three institutions each plays a different role in the creation, enforcement and administration of law created in the Australian parliament. In theory, this doctrine is essential for the protection of the rights and civil liberties held by the people in Australia. Due to the three separated institutions no one institution has more power than the other two; thus ensuring no corruption or violation of rights transpires. There is a major emphasis on the independence of the Judicial arm of government in our constitution as it is itself a basic right held by everyone in Australia; that is the right to be tried before an independent judiciary. However, some critics of the Australian Legal System would claim that there is no true separation of powers in Australia both currently and historically. It has been argued that, despite the Doctrine of the Separation of Powers being undeniably important, the power held by certain institution are not the same powers set out in the constitution when Australia was …show more content…
The first gangs were the larrikin gangs in the 1800s. However, in contemporary Australia gangs have a new look, motorcycles. The assortment of criminal motorcycle clubs have been an issue in Australia since the late 60s. What started out a motorbike appreciation groups turned into a violent criminal organisation that used extortion, drugs, arson and even murder to make money over decades. One of the major incidents was the 1984 Milperra Massacre which resulted in 63 murder convictions in total. Queensland is, by numbers alone, the bikie capital of Australia meaning that it is one of the states most affected by these organisations. This sparked new legislation that was made every quickly with the aims of subduing the amount of violent crime and drug trafficking that was occurring. These laws made it a crime to show affiliation to any of the original 27 outlawed bikie clubs. This was largely considered to be guilt by association by people close to the gangs as it was now a criminal offence to be associated with people in Motorcycle clubs. This was, however, a minority opinion and didn’t warrant too much thought. Not long after Queensland’s laws were put in place South Australia made “A bad copy of Queensland’s”. The laws created in Queensland enhanced the powers held by the Crime and Corruption Commission. This also increased the power that the police had which allowed them to have