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Argumentative Essay on Law

September 20, 2011

Argumentative Essay on the Separation of Powers:
In most nations, the concept of separation of powers is a dominant factor despite the system of government of a country. This concept insists that the judiciary, the legislature and the executive branches of the government be separated from each other in terms of their day to day functioning. Separation of powers is a doctrine that was institutionalized many centuries ago, and it became strictly functional. In the modern day however, some nations tend to ignore it and this results to disputes. In Australia for instance, this concept has been extremely compromised to the extent that it no longer exists. This ignorance to separation of powers is witnessed between and among the three arms of government and between the commonwealth level and the state level of Australia. This paper will underline examples of cases that prove that indeed; there failure in separation of powers in Australia (Gelber, 2006).

The commonwealth and the state level

Australia has two levels of government, the federal government, which is the overall government of the land, and the state governments, which are independent and have their own premiers. The state governments thus rule themselves without any interference from the federal government. However, there are instances when the federal government interferes with the activities of the state governments. In the 2008 court ruling of the Betfair Pty Limited Vs Western Australia, the high court ruled that Western Australia had discriminatory rules against businessmen. This shows a violation of separation of powers of the state since its own courts had ruled against the Betfair case, (Kirk, 2011). Moreover, in the 2004 Fardon Vs Attorney general dispute, the Queensland high court ruled that Fardon be continually imprisoned because he was a potential threat to the public. In its judgment, the high court ruled against this decision, and thus overriding the powers of the supreme court of Queensland (HCA, 2005)….

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