Why does the Australian Constitution divide and separate powers?
A - HSC - SSCE Legal Studies - Question 17 - 2020 - Paper 1
Question 17
Why does the Australian Constitution divide and separate powers?
A. To maintain the rule of law
B. To reflect the principles of natural justice
C. To incorporate ... show full transcript
Worked Solution & Example Answer:Why does the Australian Constitution divide and separate powers?
A - HSC - SSCE Legal Studies - Question 17 - 2020 - Paper 1
Step 1
A. To maintain the rule of law
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Answer
The division and separation of powers in the Australian Constitution is primarily designed to maintain the rule of law. This ensures that no single entity has absolute power, thereby safeguarding individual rights and liberties. It provides a system of checks and balances among the legislative, executive, and judicial branches of government, thereby helping to uphold legal principles and governance.
Step 2
B. To reflect the principles of natural justice
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While natural justice is important in legal systems, the primary reason behind the separation of powers is to prevent the concentration of power and to maintain accountability in governance, rather than specifically addressing natural justice principles.
Step 3
C. To incorporate human rights into domestic law
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Incorporating human rights into domestic law is significant, but the Constitution's separation of powers is more fundamentally about preventing tyranny and ensuring a balance of power, rather than solely focusing on human rights.
Step 4
D. To meet international standards about democratic government
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The division of powers may align with international democratic standards, but the main intent of the Australian Constitution in separating powers is to foster accountability and the rule of law domestically.
