ATAR Notes: Forum
VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: acciotardis on January 17, 2013, 09:39:09 pm
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I need help with this question:
Describe a situation in history where there has been a government that has not implemented this principle of separation of powers.
I have scoured the Internet to no avail. :(
Help will be much appreciated.
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I need help with this question:
Describe a situation in history where there has been a government that has not implemented this principle of separation of powers.
I have scoured the Internet to no avail. :(
Help will be much appreciated.
I don't have an answer to your question but i wouldnt worry at all about such a question. You don't need to any such situations under the study design,
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yeah it's irrelevant. maybe cite pre-revolutionary France (before late 18th century), where the Kings had basically total control. dont stress out haha
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It's more just an application question, to ensure you understand the separation of powers!
Arguably, NO government has implemented the separation of powers!
1. The Westminster system we have means there will always be an overlap between the executive and the legislature. The executive will always control the lower house of parliament.
2. Because we are a monarchy, the Crown is the Head of the Legislature as well as the Head of the Executive, and they also make the appointments to the judiciary (on advice of the executive) and if necessary they dismiss judges (on advice of the legislature).
3. Some governments (such as Howard in 2005) have had control of the upper house as well.
4. VCAT performs a judicial function, but it is actually an executive body.
5. On 26 August 2009 the Australian Military Court was invalidated by the High Court and years of decisions were vacated because it was deemed an executive body performing a judicial function.
6. In 2006 Howard changed it so that every Senate committee was chaired by an executive government senator - really helps independent scrutiny of government-initiated bills??
7. At least two Queensland Premiers have answered along the lines of "what is that, is this a trick question" when asked if they knew what the separation of powers was.
And there are more! It's just those kinds of things. The question just wants to see if you understand the separation in practice :)
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Alright thanks for your help michak, o0davidm0o and meganrobyn :)