Under the doctrine of separation of powers, where is legislative power vested?

Hi Brett! Thanks for asking. The Australian Constitution gives legislative power – the power to make and pass laws – to the Australian Parliament. Parliament is made up of the Governor-General representing the King, the Senate and the House of Representatives.

The Australian Constitution divides the power to govern Australia between:

  • the Australian Parliament that makes laws for all Australians
  • the Executive – the Prime Minister and ministers – which puts the law into action
  • the Judiciary – the High Court of Australia and other federal courts – that make judgements on the law.

 

The High Court of Australia during a session, with judges at an elevated curved bench and lawyers seated below.

The High Court of Australia

DPS Auspic

The High Court of Australia

The High Court of Australia during a session, with judges at an elevated curved bench and lawyers seated below.

DPS Auspic

Description

The High Court of Australia in session in the High Court building in Canberra. The High Court interprets and applies Australian law and decides cases about national issues, including challenges related to the Australian Constitution.

In the courtroom, the 7 High Court Justices sit along a large semi-circular desk atop a small raise at the end of the room. The Justices preside over High Court proceedings, interpret laws and decide major legal cases.

In front, facing them, is another curved desk. Here, 18 barristers are sitting, most are wearing robes and wigs. A barrister is a type of lawyer who speaks on behalf of people or organisations in the courtroom. They present arguments and answer questions posed by the Justices.