Explain how the separation of powers acts as a check on parliament in law-making - VCE - SSCE Legal Studies - Question 2 - 2021 - Paper 1

The separation of powers is a fundamental principle that allocates authority among the legislative, executive, and judicial branches of government. This division is crucial as it prevents any one branch from overstepping its bounds and ensures a system of checks and balances.

Firstly, the legislative branch, typically represented by parliament, is responsible for making laws. However, the executive branch, which implements these laws, can check parliament's authority. For instance, the executive may refuse to enforce a law that it deems unjust or incompatible with other policies. This can lead to public opposition and demands for legislative review.

Secondly, the judiciary plays a vital role in this separation. It has the power to review parliamentary legislation and can declare laws unconstitutional or invalid if they contradict established legal norms or principles. For example, if parliament passes a law that infringes upon individual rights, the judiciary can step in to annul that legislation, thus safeguarding democratic ideals.

In summary, the separation of powers is instrumental in maintaining a balanced system where parliament's law-making authority is subject to checks by both the executive and judiciary, ultimately upholding justice and equality in governance.