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Posted: December 16th, 2022
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Discuss the doctrine of separation of powers. Do you think that the separation of powers in Australia is sufficient? In your essay you should:
1. Make arguments as to whether separation of powers in Australia is sufficient – is there enough separation, is there too much, or is it just right? And why?
2. Give a little thought to political court appointments – are they a problem in Australia? What about the US? Should the judiciary be able to appoint judges by itself?
3. Give examples of how and where Australian law, at a state or federal level, has departed from separation of powers, with a particular focus on Chapter III of the Australian Constitution, laws interfering with courts, and institutional integrity of the courts.
4. Make arguments as to whether or not separation of powers should be able to be restricted in certain circumstances, if at all, and if so - how much and why?You can and should (but don’t have to) use case law and the Australian Constitution. You may also use examples from international jurisdictions such as the United States and Canada (or others) if they are persuasive. But remember to focus on Australian jurisprudence.
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