Separation of Powers in Australia

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Title Separation of Powers in Australia
Author Patapan, Haig
Journal Name Australian Journal of Political Science
Year Published 1999
Place of publication Oxford, UK
Publisher Routledge
Abstract This article argues that the nature and character of separation of powers in Australia has been fundamentally shaped and defined by the High Court, which chose a Blackstonian, common law conception of separation of judicial powers in preference to the principles elaborated in The Federalist and articulated in the American Constitution. But the Court's recent jurisprudence, including its admission that it makes the law, has presented unprecedented theoretical and political challenges to the concept of separation of judicial power in Australia, including a transformation in the role of the attorneygeneral, the creation of new institutions and a move towards an American conception of checks and balances. Thus this article suggests that the Court continues to exercise a profound influence on the formulation of separation of powers in Australia.
Peer Reviewed Yes
Published Yes
Alternative URI
Volume 34
Issue Number 3
Page from 391
Page to 407
ISSN 1036-1146
Date Accessioned 2007-06-25
Language en_AU
Research Centre Centre for Governance and Public Policy
Faculty Griffith Business School
Subject PRE2009-Australian Government and Politics
Publication Type Article in Scholarly Refereed Journal
Publication Type Code c1x

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