In Australia we keep the power to make laws, enforce laws, and review laws separate. This concept is called the separation of powers, or the three arms of government. The separation of powers makes sure power is split up, and that one group doesn’t have too much control.
The Separation of Powers is in the Australian Constitution and the SA State Constitution.
- The Legislature has the power to make laws (see Chapter 1 of the Australian Constitution or Part 2 of the SA Constitution)
- The Executive has the power to put laws into action (see Chapter 2 of the Australian Constitution or Part 3 of the SA Constitution)
- The Judiciary has the power to interpret laws and make decisions on laws (see Chapter 3 of the Australian Constitution or Part 4 of the SA Constitution)
Image Credit: Parliament of South Australia
The separation of powers in Australia is not a complete separation of powers. We call our system an incomplete separation of powers. In Australia, the leaders of the executive (Ministers) also sit in Parliament. This is so that we can closely scrutinise the work of the executive through our representatives in Parliament. Ministers and the executive are responsible to the people.
Legislature
The legislature in SA is the Parliament. The Parliament makes laws – we call Parliament the “sovereign” law maker. The Parliament is made up of elected representatives who are voted in by eligible enrolled voters.
Image Credit: Parliament of South Australia
Legislature and Executive
The executive in SA is the Governor, acting on advice of Ministers – together known as the government. The public service works for Ministers. The executive puts laws into action.
Ministers (or “cabinet” when we talk about them planning together) are representatives in the parliament that have been chosen to lead the executive. The party with the majority of the seats in the lower house of parliament gets to choose the ministers who lead the executive. Because ministers also sit in parliament, they sit in both the legislature and executive. This is the overlap in Australia’s separation of powers, which makes it an “incomplete” separation of powers.
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Executive
There are lots of people that work for ministers that help put laws into action and enforce laws – they are the public service. Police are known for enforcing criminal laws – they are part of the executive. But teachers in public schools are also putting laws into action – the laws that we have about public education in SA.
Image Credit: Parliament of South Australia
Judiciary
The judiciary is our system of courts. Courts make decisions about the laws – were the laws made within the parliament’s powers? Were laws applied properly? How should laws be interpreted?
The judiciary is independent. It is separate from the other two arms of government. It is separate because judicial officers need to be able to make decisions without pressure or influence from the other arms of government.
Image Credit: Parliament of South Australia