The Australian Constitution provides a system of 'Checks and Balances' by separating the power to govern into three independent branches: the Parliament, the Executive, and the Judiciary. Which of the following scenarios correctly demonstrates the 'Separation of Powers' in action, specifically highlighting the role of the Judiciary in maintaining constitutional order?
- A court determines that a government minister acted outside of their legal authority when implementing a new policy.Answer
- BThe Federal Government decides to assume full control over state-run services like hospitals and public transport to ensure national consistency.
- CThe Governor-General and the police work together to write and pass new traffic laws to be enforced in all states and territories.
Answer
The correct answer is that a court determines that a government minister acted outside of their legal authority when implementing a new policy.
The Judiciary is independent of the Parliament and the Executive. Its role is to interpret and apply the law. When a court rules on whether a minister's action was legal, it is exercising its constitutional power to ensure the Executive branch remains accountable to the law, which is a core function of the Separation of Powers.
Step-by-Step Solution
Key Concept
The Independence of the Judiciary in the Separation of Powers
Practice More
Review the specific roles of the High Court of Australia in interpreting the Constitution.
Alternative Method
To remember the difference, think of 'Separation' as the three pillars holding up one roof (Horizontal: Parliament, Executive, Judiciary) and 'Division' as the levels of a building (Vertical: Federal, State, Local).
Estimated Time:3m 0s