High court review 2005

The manifestation of separation of powers in Australia

Bibliographic Data

ID12351183
AuthorsKatharine Gelber (0000-0002-0239-3552, UNSW Sydney, corresponding author)
Year2006
Volume41
Issue3
Pages437-453
Publication date2006-08-28
Open AccessNo
TypeARTICLE
VenueAustralian Journal of Political Science (JOURNAL)
Journal identifiersISSN: 1036-1146 • E-ISSN: 1363-030X
PublisherRoutledge (PUBLISHER • GB)
DOI10.1080/10361140600849026
OpenAlexW2001839743
LanguageEN
Citations received4
References cited3

In 2005 questions were raised in public debate regarding the scope, meaning and manifestation of the constitutional separation of powers and the role of the High Court in interpreting these. In particular, the issue of the efficacy of checks and balances within the system of government against potential abuses of executive powers was raised, due to the dominance of the legislature by the executive for the first time in 24 years. This Review argues that while the High Court staunchly defended its independence and the role of the judiciary in a division of powers, it demonstrated a simultaneous reluctance to curb executive powers. This has implications for the manifestation of separation of powers in the Australian context, both in terms of its philosophical foundations and in so far as it signals a trend away from the likely realisation of public expectations of its role as expressed in appeals made to it

Context (archaeology · Dominance (genetics · Epistemology · Government (linguistics · Independence (probability theory · Law and economics · Legislature · Meaning (existential · Political science · Realisation · Scope (computer science · Separation of powers · Sociology · Commonwealth, Australian Politics and Federalism · Judicial and Constitutional Studies · Law · Ombudsman and Human Rights · Philosophy

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