(166KB)Separation of powers
This topic explainer explores what the separation of powers is and how it operates in the ACT.
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Learning goals
Curriculum links
What is the separation of powers?
different groups: the legislature, executive, and judiciary. Each group performs its own function:
- The legislature (parliaments) are responsible for making, removing, and changing laws
- The executive (government ministers) are responsible for putting laws into action, and
- The judiciary (courts) are responsible for interpreting and enforcing laws.
The reason these powers are divided among different groups is to make sure that the function of making and managing law are performed sensibly, with no single group being more powerful than the rest.
Australia does not have a complete separation of powers because the members of the executive (ministers) must also be elected members of the legislature.
Separation of powers in the ACT
Legislature | The ACT Legislative Assembly is made up of 25 members (MLAs) who are elected every four years. | The Assembly has the power to make, remove, and change laws for the ACT. A majority of MLAs (13 of 25) is required to exercise this power. |
Executive | The executive is made up of up to nine of the 25 MLAs. This includes the Chief Minister and up to eight ministers. | The executive has the power to put laws into action and enforce them. People who work for the ACT Public Service help to do this. Some examples of public service jobs include teachers, police officers, nurses, park rangers, and bus drivers. |
Judiciary | The judiciary is made up of ACT courts – the Magistrates Court, Court of Appeal, and Supreme Court – and the federal High Court of Australia | The judiciary has the power to interpret the ACT’s laws. The High Court is Australia’s highest court and can resolve issues from lower courts. |
Forming government in the ACT
- The ACT does not have a strict separation of powers. Which two groups overlap and how?
- A separation of powers is important because it stops on group having all the power and using it without checks and balances. What could happen is all the power was held by one group?
- How might an ACT public servant, such as a park ranger, help put laws into action?
Classroom activities
There is a two-part in-class activity associated with this topic available on our website:
Other resources
There are a range of other helpful resources available on this topic, the best of which we have compiled below: