70102 Lecture 7: 70102: Foundations of Law Seminar 7 (Assessable Content)
Seminar 7 – The constitutional Framework II – Separation of Powers and democratic
theory
3.40 – 3.60 and 4.10 – 4.14
Theory and practice of separation of powers.
- Three different functions of government
- The separate institutions through which these functions are respectively performed;
- No overlap between the personnel assigned to carry out each function or between
the functions assigned to the different personnel
There is no express reference to separation of powers in constitution but the actual
structure of the constitution identifies three powers and separately.
I practice it does’t reall create a classic doctrie of separatio.
- Westminister tradition of responsible govt is characterised by an overlap between
legislative and executive arm; and
- Three traditional functions of gvt are not conceptually or logically distinct
Eeutive is reall opliated, triuals also do’t fall ito a ategor
Because of this ^ in Australia it’s ostl eercised through a separate judiciar.
( can see this through s72 in constitution ch3 which limits circumstances under which
judges can be removed)
Boilermakers case – found 4:3 that it is constitutionally impermissible to combine judicial
and non judicial power in the same body.
Maria Langton interview with David Leyonjhelm
- Liberal democrat: radically left wing, little government authority/ anarchism
- Proposes that all race should be treated the same, removing any reference to race
and not adding any references in
- Legislation should not be created on the basis of race
- Legislation and measures should be practical and not merely symbolic.
- Dissent: Even if we want to rid of racism and move beyond mere symbolism
apologies and recognition is still important to communities ad does’t stop the
legislature from making real progress
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Seminar 7 the constitutional framework ii separation of powers and democratic theory. The separate institutions through which these functions are respectively performed; No overlap between the personnel assigned to carry out each function or between the functions assigned to the different personnel. There is no express reference to separation of powers in constitution but the actual structure of the constitution identifies three powers and separately. I(cid:374) practice it does(cid:374)"t reall(cid:455) create a classic doctri(cid:374)e of separatio(cid:374). Westminister tradition of responsible govt is characterised by an overlap between legislative and executive arm; and. Three traditional functions of gvt are not conceptually or logically distinct. E(cid:454)e(cid:272)utive is reall(cid:455) (cid:272)o(cid:373)pli(cid:272)ated, tri(cid:271)u(cid:374)als also do(cid:374)"t fall i(cid:374)to a (cid:272)ategor(cid:455) Because of this ^ in australia it"s (cid:373)ostl(cid:455) e(cid:454)ercised through a separate judiciar(cid:455). ( can see this through s72 in constitution ch3 which limits circumstances under which judges can be removed)
