separation of powers

Separation of powers is fundamental to a free society. It’s purpose is to prevent any person or group from having all the power.

we need a true separation of powers

The separation of powers divides the power to govern between the Legislature (Parliament), the Executive (Cabinet) and the Judiciary (Courts).

In theory, each branch should act as checks and balances on each other’s power. The concept is to guard against one person, or one body assuming ultimate power and authority over the Nation.

In reality, there is no clear separation between the legislature and the executive.

we believe this needs to change.

Chapter II of the Australian Constitution details the powers of the Executive branch of Government. It states that the executive power of the Commonwealth is exercisable by the Governor-General as the representative of the Crown.

There is no mention of the Prime Minister, or any specific members of Parliament. Yet, the Prime Minister appoints the Ministers of the Executive and effectively runs the branch.

We believe this is a conflict of interest between the two branches and is not a clear separation of powers.

our proposals:

  • To push for a National Referendum to advocate for the election, by popular vote, of the both the Governor-General and Attorney-General of Australia.

    • Currently, the Prime Minister selects both the Governor-General and the Attorney-General. We believe that this is not a clear separation of powers between the Legislature and the Executive branches.

    • Chapter II of the Constitution states that the power of the Commonwealth is vested in the Crown and is exercisable by the Governor-General as the Crown’s representative. There is no specific mention of the Prime Minister, nor any other Member of Parliament.

    • We believe to have a true separation of powers, then the Prime Minister, or any members of the Parliament, should have no power in selecting the Governor-General. Therefore, that decision must fall to the Australian People.

    • The Governor-General should run the Executive and select Ministers based on merit.

  • To reintroduce the Legislative Council (Upper House) of Queensland.

    • The Constitutional Amendment Act 1921 took effect on March 23, 1922 to abolish the Legislative Council of Queensland. Since then, Queensland has Governed with only one house of Parliament.

    • We believe this is an affront to the concept of a separation of powers.

    • We believe that the Legislative Council of Queensland should be restored.

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