SSCE VCE Legal Studies The People and Law-Making: Explain how the separation of po

Question

Explain how the separation of powers acts as a check on parliament in law-making.

The separation of powers is a foundational principle in the structure of governance, designed to prevent the accumulation of excessive power in any single branch of government. This principle divides the functions of government into three distinct branches: the legislative, the executive, and the judiciary.

1. **Legislative Branch**: This branch is responsible for making laws. In many democracies, this is represented by the parliament. Their primary role is to enact legislation that governs the country.

2. **Executive Branch**: Tasked with enforcing laws, the executive branch ensures that the laws passed by the legislature are implemented. It includes the government and its agencies, which administer and ensure compliance with laws.

3. **Judiciary**: The judiciary interprets the laws and can review the actions of both the legislative and executive branches. One critical function of the judiciary is its power to declare laws (or acts) null and void if they are found to be unconstitutional or ultra vires, meaning outside their legal authority.

Together, these branches create a system of checks and balances. For example, if the parliament enacts a law that exceeds its authority, the judiciary has the power to invalidate that law. This serves as a significant check on parliament's law-making power, ensuring that no law can violate the established legal framework or the rights of individuals. Additionally, the executive acts as a check on the legislature through its powers, which can delay or refuse the implementation of certain laws.

In conclusion, the separation of powers serves a crucial role in maintaining democratic governance and protecting citizens' rights by ensuring that no single branch can dominate the others in law-making and enforcement.

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

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

Explain how the separation of powers acts as a check on parliament in law-making.

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