LLB1100 Lecture Notes - Lecture 4: Constitution Of Australia, Judicial Independence, Legislature
Document Summary
S 109 eg mcbain deals with inconcsistency of. The purpose of the doctrine was to prevent the despotic or arbitrary exercise of power founded out of the liberalist age. Three branches of government legislative, executive and judicial. Each with a separate identifiable function of gvt. Each confined to its own function and provides checks and balances on each other. Leads to good gvt/protection/provides a check on each power. Laid out in the structure of the constitution. Makes judgements about the law the power to interpret laws. Separation of powers in practice non-traditional model. High court judges / exec appointed by gg. + judicial independence judges as well as parliament make laws they are not separate in their roles. Great importance placed on the independence of the judiciary as the executive and legislature are so inter-mingled. Exec must be a member of parliament. Exec has delegated legislation and judiciary has the ability to make the laws.
