Separation of Powers
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The separation of powers describes how government authority in Australia is shared between the legislature, executive and judiciary. By allocating law‑making, law‑administration and law‑interpretation to different branches, this principle prevents the concentration of power, protects individual rights, and ensures decisions are made independently and according to law.
Key Concepts
Three branches of government – government power is divided between the legislature, executive and judiciary, each with distinct roles.
Legislative power – the legislature (parliament) is responsible for making and amending laws.
Executive power – the executive administers and enforces the law, including running government departments and making decisions under legislation.
Judicial power – courts interpret and apply the law, resolve disputes and determine the legality of government action.
Independence of the judiciary – courts operate independently from the executive and legislature to ensure impartial decision‑making.
Checks and balances – each branch limits and scrutinises the powers of the others to prevent misuse or concentration of power.
Constitutional protection – the Australian Constitution establishes and protects the separation of judicial power at the federal level.
Rule of law – separating powers ensures laws are applied equally, government acts lawfully, and individual rights are protected.
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Checks and Balances on Power
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The Division of Powers
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Independent and Impartial Judiciary
Explore resources on an independent and impartial judiciary, including the history of the Supreme Court & its role in delivering justice & strengthening trust in the judiciary.