# data[].attributes.attachment_link.readable_text
absolutism, the political doctrine and practice of unlimited centralized authority and absolute sovereignty, as vested especially in a monarch or dictator. The essence of an absolutist system is that the ruling power is not subject to regularized challenge or check by any other agency, be it judicial, legislative, religious, economic, or electoral. King Louis XIV (1643-1715) of France furnished the most familiar assertion of absolutism when he said, "L'état, c'est moi" ("I am the state"). Absolutism has existed in various forms in all parts of the world, including in Nazi Germany under Adolf Hitler and in the Soviet Union under Joseph Stalin.

A brief treatment of absolutism follows. For full treatment, see European History and Culture: Absolutism.

The most commonly studied form of absolutism is absolute monarchy, which originated in early modern Europe and was based on the strong individual leaders of the new nation-states that were created at the breakup of the medieval order. The power of these states was closely associated with the power of their rulers; to strengthen both, it was necessary to curtail the restraints on centralized government that had been exercised by the church, feudal lords, and medieval customary law. By claiming the absolute authority of the state against such former restraints, the monarch as head of state claimed his own absolute authority.

By the 16th century monarchical absolutism prevailed in much of western Europe, and it was widespread in the 17th and 18th centuries. Besides France, whose absolutism was epitomized by Louis XIV, absolutism existed in a variety of other European countries, including Spain, Prussia, and Austria.

The most common defense of monarchical absolutism, known as "the divine right of kings" theory, asserted that kings derived their authority from God. This view could justify even tyrannical rule as divinely ordained punishment, administered by rulers, for human sinfulness. In its origins, the divine-right theory may be traced to the medieval conception of God's award of temporal power to the political ruler, while spiritual power was given to the head of the Roman Catholic Church. However, the new national monarchs asserted their authority in all matters and tended to become heads of church as well as of state, as did King Henry VIII when he became head of the newly created Church of England in the 16th century. Their power was absolute in a way that was impossible to achieve for medieval monarchs, who were confronted by a church that was essentially a rival centre of authority.

More pragmatic arguments than that of divine right were also advanced in support of absolutism. According to some political theorists, complete obedience to a single will is necessary to maintain order and security. The most elaborate statement of this view was made by the English philosopher Thomas Hobbes in Leviathan (1651). A monopoly of power also has been justified on the basis of a presumed knowledge of absolute truth. Neither the sharing of power nor limits on its exercise appear valid to those who believe that they know-and know absolutely-what is right. This argument was advanced by Vladimir Ilich Lenin to defend the absolute authority of the Communist Party in Russia after the Bolshevik Revolution in 1917.

Absolutist rulers who emerged later in the 20th century, in addition to Hitler and Stalin, included Benito Mussolini of Italy, Mao Zedong of China, and Kim Il-Sung of North Korea, whose son ( Kim Jong Il) and grandson ( Kim Jong-Un) continued the pattern of absolutist rule in the country into the 21st century.

# data[].attributes.attachment_link.title
Absolutism | Definition, History, & Examples

# data[].attributes.attachment_link.description
Absolutism, the political doctrine and practice of unlimited centralized authority and absolute sovereignty, as vested especially in a monarch or dictator. The essence of an absolutist system is that the ruling power is not subject to regularized challenge or check by any other agency or institution.

# data[].attributes.attachment_link.readable_text
View the Constitution as a single document (PDF 92KB)
Commonwealth of Australia Constitution Act

Requests and inquiries concerning reproduction and rights should be addressed to ComLaw, which is managed by the Office of Parliamentary Counsel. ComLaw produces official versions of Australian legislation, including the Constitution, and would be best placed to deal with your request. You can contact them using a web contact form available at http://www.comlaw.gov.au/feedback. For further information, you may wish to consider the content at http://www.comlaw.gov.au/Content/Copyright.

# data[].attributes.attachment_link.description
View the Constitution as a single document (PDF 92KB) Requests and inquiries concerning reproduction and rights should be addressed to ComLaw, which is managed by the Office of Parliamentary Counsel. ComLaw produces official versions of Australian legislation, including the Constitution, and would be best placed to deal with your request.

# data[].attributes.body
https://www.parliament.vic.gov.au/assembly/publications-a-research/fact-sheets/2474-fact-sheet-c1#charter

# data[].attributes.attachment_link.title
The Decomposing Snail in Ginger Beer: Strangest Cases in Law

# data[].attributes.attachment_link.title
The trials of Gordon Wood (2012): 60 Minutes Timeless, Short Video

# data[].attributes.attachment_link.description
Reporter: Liz Hayes
Producer: Steven Burling It was a case that had it all, a flamboyant stockbroker, a beautiful model, murky business dealings and a deadly mystery. And at the centre of it all was chauffeur Gordon Wood. Everyone believed Gordon Wood had murdered his girlfriend, Caroline Byrne,…

# data[].attributes.attachment_link.title
(Raw) 1995: O.J. Simpson verdict is not guilty

# data[].attributes.attachment_link.title
Magna Carta and the emergence of Parliament

# data[].attributes.attachment_link.readable_text
Federation
Fact Sheet - Federation [PDF 148kb, 1 page]

Before 1901, Australia was not a nation. At that time, the continent consisted of six British colonies which were partly self-governing, but subject to the law-making power of the British Parliament. Each colony had its own government and laws, including its own railway system, postage stamps and tariffs (taxes). This caused a lot of problems and people began to think about the benefits of uniting as one nation, under a federal system of governance.

National Library of Australia, an13117280-22

The path to federation

During the 1890s, each colony sent representatives to special meetings, called conventions, to try to agree about how to form a new federation. Eventually the delegates agreed on the rules for a federal system and a draft constitution. The people of the colonies voted in a series of referendums to accept this new Australian Constitution. It was then passed as a British Act of Parliament in 1900, called the Commonwealth of Australia Constitution Act, which came into effect on 1 January 1901. The Constitution established a federal Parliament which could make laws on behalf of the new Australian nation (see Australian Constitution).

The colonies of New South Wales, Victoria, Queensland, South Australia and Tasmania united and became states of Australia, known as the Commonwealth of Australia. Western Australia was not a party to the initial agreement but also agreed to join the federation before 1 January 1901.

The territories

In 1901, the two territories did not exist. The Constitution provided for the establishment of a national capital, to be located in New South Wales but at least 100 miles from Sydney. In 1911, the Australian Government created the Australian Capital Territory for this purpose. In the same year, the Northern Territory was also created. Until then, this area had been part of South Australia.

Although part of the Commonwealth, the territories do not have the same legal status as states.

A new nation and a new Parliament

When the Commonwealth of Australia was declared on 1 January 1901, a ceremony was held in Centennial Park in Sydney. The first Governor-General, Lord Hopetoun, was sworn in and the first Prime Minister, Sir Edmund Barton, and federal ministers took the oath of office. Australians celebrated their nationhood, participating in parades, processions, sporting events and school pageants.

The first federal elections for the new Parliament were held on 29 and 30 March 1901. The first Parliament was held in Melbourne on 9 May 1901. It was officially opened by the Duke of Cornwall and York (later King George V). The opening ceremony was large and elaborate and further celebrations were held.

Australia's federal system

Under the Australian Constitution, the new states united within the Commonwealth. Power was to be shared between the federal Parliament and state parliaments. The federal Parliament would make laws about national matters, such as defence, immigration, trade and the environment.

The power to make and manage federal law would be divided between the Parliament (who would make the law), the Executive (who would put the law into action) and the Judiciary (who would make judgements about the law).

The federal Parliament would be made up of the Queen (represented by the Governor-General), the Senate and the House of Representatives. Laws could only be passed or changed if agreed to by both houses.

The Australian federal system took some of its features from the British Parliament and some from the United States system of governance.

# data[].attributes.attachment_link.description
Fact Sheet - Federation [PDF 148kb, 1 page] Before 1901, Australia was not a nation. At that time, the continent consisted of six British colonies which were partly self-governing, but subject to the law-making power of the British Parliament. Each colony had its own government and laws, including its own railway system, postage stamps and tariffs (taxes).

# data[].attributes.attachment_link.description
Before a referendum is held, members of parliament prepare arguments for or against the proposed change. The Australian Electoral Commission is in charge of running federal elections and referendums. It arranges for the 'Yes' and 'No' cases, along with a statement of the proposed change, to be posted to every Australian on the electoral roll.

# data[].attributes.body
Charter of human rights

# data[].attributes.attachment_link.readable_text
The Victorian Charter of Human Rights and Responsibilities contains twenty basic rights that promote and protect the values of freedom, respect, equality and dignity.

The Victorian Government, local councils and other public authorities must not knowingly be in breach of these rights, and must always consider them when they create laws, develop policies and deliver their services.

Your right to recognition and equality before the law (section 8)

Everyone is entitled to equal and effective protection against discrimination, and to enjoy their human rights without discrimination.

Your right to life (section 9)

Every person has the right to life and to not have their life taken. The right to life includes a duty on government to take appropriate steps to protect the right to life.

Your right to protection from torture and cruel, inhuman or degrading treatment (section 10)

People must not be tortured. People must also not be treated or punished in a cruel, inhuman or degrading way. This includes protection from treatment that humiliates a person. People must not be subjected to medical treatment or experiments without their full and informed consent.

Your right to freedom from forced work (section 11)

A person must not be forced to work or be made a slave. A person is a slave when someone else has complete control over them.

Your right to freedom of movement (section 12)

People can stay in or leave Victoria whenever they want to as long as they are here lawfully. They can move around freely within Victoria and choose where they live.

Your right to privacy and reputation (section 13)

Everyone has the right to keep their lives private. Your family, home or personal information cannot be interfered with, unless the law allows it.

Your right to freedom of thought, conscience, religion and belief (section 14)

People have the freedom to think and believe what they want, for example, religion. They can do this in public or private, as part of a group or alone.

Your right to freedom of expression (section 15)

People are free to say what they think and want to say. They have the right to find, receive and share information and ideas. In general, this right might be limited to respect the rights and reputation of other people, or for the protection of public safety and order.

Your right to peaceful assembly and freedom of association (section 16)

People have the right to join groups or unions and to meet peacefully.

Your right to protection of families and children (section 17)

Families are entitled to protection. Children have the same rights as adults with added protection according to their best interests.

Your right to taking part in public life (section 18)

Every person has the right to take part in public life, such as the right to vote or run for public office.

Cultural rights (section 19)

People can have different family, religious or cultural backgrounds. They can enjoy their culture, declare and practice their religion and use their languages. Aboriginal persons hold distinct cultural rights.

Property rights (section 20)

People are protected from having their property taken, unless the law says it can be taken.

Your right to liberty and security of person (section 21)

Everyone has the right to freedom and safety. The right to liberty includes the right to not be arrested or detained except in accordance with the law. The right to security means that reasonable steps must be taken to ensure the physical safety of people who are in danger of physical harm.

Your right to humane treatment when deprived of liberty (section 22)

People have the right to be treated with humanity if they are accused of breaking the law and are detained.

Rights of children in the criminal process (section 23)

A child charged with committing a crime or who has been detained without charge must not be held with adults. They must also be brought to trial as quickly as possible and treated in a way that is appropriate for their age. Children are entitled to opportunities for education and rehabilitation in detention.

Your right to a fair hearing (section 24)

A person has a right to a fair hearing. This means the right to have criminal charges or civil proceedings decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

Rights in criminal proceedings (section 25)

There are a number of minimum guarantees that you have when you have been charged with a criminal offence. These include the right to be told the charges against you in a language you understand; the right to an interpreter if you need one; the right to have time and the facilities (such as a computer) to prepare your own case or to talk to your lawyer; the right to have your trial heard without too much delay; the right to be told about Victoria Legal Aid if you don't already have a lawyer; you are presumed innocent until proven guilty; and you don't have to testify against yourself or confess your guilt unless you choose to do so.

Right not to be tried or punished more than once (section 26)

A person will only go to court and be tried once for a crime. This means if the person is found guilty they will only be punished once. If they are found to be innocent they will not be punished.

Retrospective criminal laws (section 27)

A person has the right not to be prosecuted or punished for things that were not criminal offences at the time they were committed.

Download more information: Charter fact sheets.

For more information about the Charter, call the Commission's Enquiry Line.

# data[].attributes.attachment_link.description
The Victorian Charter of Human Rights and Responsibilities contains twenty basic rights that promote and protect the values of freedom, respect, equality and dignity. The Victorian Government, local councils and other public authorities must not knowingly be in breach of these rights, and must always consider them when they create laws, develop policies and deliver their services.

# data[].attributes.body
FormerJustice of the high court

# data[].attributes.attachment_link.description
Precedent: Precedent, in law, a judgment or decision of a court that is cited in a subsequent dispute as an example or analogy to justify deciding a similar case or point of law in the same manner.

# data[].attributes.attachment_link.title
Tips on how to behave in and for the courtroom  in Australia

# data[].attributes.attachment_link.readable_text
Australia is a federation of six states which, together with two self-governing territories, have their own constitutions, parliaments, governments and laws. This infosheet is about the national or central government, usually called the Federal Government, Commonwealth Government or Australian Government. However, state and territory governments are also based on the same principle of parliamentary government.

It is recommended that this infosheet be read with Infosheet No. 13 The Constitution and Infosheet No. 19 The House, government and opposition.

The Australian Coat of Arms signifies the national unity of Australia and is a sign of its identity and authority
Parliamentary government
The Constitution of Australia establishes the Federal Government by providing for the Parliament, the Executive Government and the Judicature (more usually called the Judiciary)-sometimes referred to as the 'three arms of government'. However, some of the central features of Australia's system of government (described as parliamentary, or responsible government) are not set down in the Constitution but are based on custom and convention.

Parliamentary government means that the Executive Government comes from within the Parliament; responsible government means that the Executive Government is responsible to the Parliament. This is the central feature of a Westminster-style government following the United Kingdom model-in contrast to other systems of government where the Executive is quite separate and not directly answerable to the Legislature-for example, in the United States of America.

The separation of powers

Political theory recognises three powers of government-the legislative power to make laws; the executive power to carry out and enforce the laws; and the judicial power to interpret laws and to judge whether they apply in individual cases.

The principle of the separation of powers is that, in order to prevent oppressive government, the three powers of government should be held by separate bodies-the Legislature, Executive and Judiciary-which can act as checks and balances on each other.

With parliamentary government the legislative and executive functions overlap, as the members of the Executive Government-the Ministers-are drawn from the Parliament. However, in the Australian system there are still checks and balances between the Executive and Legislature-Ministers are subject to the scrutiny of other Members of the Parliament led by an officially recognised opposition. In addition, the Executive does not necessarily control both Houses of the Parliament (see below).

Infosheet No. 19 The House, government and opposition gives more detail on the relationship between the Parliament and the Executive Government.
The Parliament
The Constitution gives the legislative power of the Commonwealth-the power to make laws-to the Parliament.

The Parliament consists of the King, represented by the Governor-General, and two Houses-the House of Representatives and the Senate. The Parliament passes legislation. Proposed laws have to be agreed to by both Houses of Parliament to become law. The two Houses have equal powers, except that there are restrictions on the power of the Senate to introduce or directly amend some kinds of financial legislation. Infosheet No. 7 Making laws describes the parliamentary processes for the passage of legislation. The Governor-General has a role in the legislative process by assenting to Acts. See later in this infosheet for more information about the role of the Governor-General.

The Parliament also authorises the Executive Government (often simply called the government or the Executive) to spend public money by agreeing to government proposals for expenditure and taxation, scrutinises the administrative actions of the government and serves as a forum for the debate of public policy.

Another function of the Parliament under the Australian system is to provide from its membership the members of the Executive Government. After a general election the political party (or coalition of parties) with the support of a majority of members in the House of Representatives becomes the governing party and its leader becomes the Prime Minister.

The composition of the House also determines who will form the official opposition. The party (or coalition of parties) which has the most non-government Members in the House of Representatives becomes the opposition party and its leader becomes the Leader of the Opposition. The opposition has the officially recognised function, established by convention, of opposing the government. The opposition is an essential part of Australia's democratic system of government. This subject is discussed in more detail in Infosheet No. 19 The House, government and opposition.

While the government has, by definition, the support of a majority of Members in the House of Representatives, the system of voting used for Senate elections gives greater opportunity to minority parties and independents, and the government often does not have majority support in the Senate.
The Executive Government
Constitutional provisions

The Constitution states that the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative. However, a realistic understanding of Australia's Executive Government cannot be obtained from the Constitution alone, and in fact a literal reading of the Constitution can be misleading.

The Executive Government in practice

In reality, the executive power is possessed by the Prime Minister and Cabinet (senior Ministers). Their power derives:

constitutionally from their membership of the Federal Executive Council-see below-and status as 'advisers' to the Governor-General

politically, from the people at elections for the House of Representatives

from convention-that is, custom and tradition.

Neither the Prime Minister nor the Cabinet are mentioned in the Constitution-the framers of the Constitution took their existence for granted, as they did the various conventions of the Westminster system of government inherited from the United Kingdom.

Table 1 below gives a comparison of the constitutional provisions and the actual practice according to the conventions which have operated in Australia.

Composition of the Ministry

The Prime Minister is the head of the government. They achieve this position by being the elected leader of the party in government (in the case of a coalition government, the major party).

The Cabinet, consisting of senior Ministers presided over by the Prime Minister, is the government's pre-eminent policy-making body. Major policy and legislative proposals are decided by the Cabinet. The Prime Minister selects Ministers for Cabinet positions.

Ministers are selected by the Prime Minister. Legislation currently allows for up to 30 Ministers. About 20 or so senior Ministers administer the major departments and are, usually, members of Cabinet. Other Ministers are responsible for particular areas of administration within a major department, or may be in charge of a small department. Ministers are appointed from both Houses of Parliament, although most (about two thirds) are Members of the House of Representatives.
Parliamentary Secretaries
Up to 12 Members and Senators are appointed by the Prime Minister as Parliamentary Secretaries (also referred to as Assistant Ministers) to assist or represent Ministers in their administrative responsibilities.

The role of the Governor-General

The Governor-General performs the ceremonial functions of head of state on behalf of the Queen. While Executive Government powers are exercised by the Governor-General or in the Governor-General's name, such actions are carried out as advised by the Prime Minister and Ministers.

Under the Constitution the Governor-General:

appoints and dismisses Executive Councillors

appoints and dismisses Ministers to administer the public service departments and agencies

appoints judges (the dismissal of judges can only be initiated by the Parliament)

is the commander in chief of the defence forces

decides when the Parliament meets (subject to some constitutional requirements), and may prorogue (suspend) or dissolve it

issues writs for general elections

initiates government expenditure by recommending appropriations to the Parliament

converts proposed laws to Acts of Parliament by assenting to legislation that has been passed by both Houses

may block or propose amendments to any law passed by the two Houses of Parliament.

The Governor-General also has executive powers under many Acts of Parliament-for example, the power to proclaim legislation (that is, bring it into effect) and to make regulations and other kinds of delegated legislation (that is, legislative powers that the Parliament has delegated to the Executive Government). Most of the executive actions taken by the Governor-General are of this kind.

In practice, except when reserve powers are involved-see below-these functions are exercised as advised by the Prime Minister and Ministers.
The Governor-General's reserve powers
In some matters the Constitution gives the Governor-General powers to act independently. These include the power to dissolve the House of Representatives and, in certain situations, both Houses (see Infosheet No. 18 Double dissolution). However, in other than exceptional circumstances, the Governor-General will follow the advice of a Prime Minister who retains the confidence of the House.

The powers that the Governor-General has to act without advice are referred to as 'prerogative' or 'reserve' powers and are not clearly defined in the Constitution. Constitutional experts do not agree on their precise extent or on the nature of the exceptional circumstances in which they may be exercised.

The Federal Executive Council

The Federal Executive Council is the constitutional mechanism for providing ministerial advice to the Governor-General. It is not a forum for policy debate or deliberation and its proceedings are entirely formal. All Ministers and Parliamentary Secretaries become members of the Executive Council. They receive the title 'Honourable'. The Council's full membership never meets. In practice the minimum number of Ministers or Parliamentary Secretaries (that is, two in addition to the person presiding) are rostered to attend. Meetings of the Council are presided over by the Governor-General or a deputy appointed by the Governor-General (usually the Minister with the title Vice President of the Executive Council). The matters dealt with at each meeting are recommendations by Ministers, for the approval of the Governor-General in Council, that something be done-for example, that a regulation be made, a treaty be ratified, or a person be appointed to a position.

While the Executive Council may seem no more than a rubber stamp, the processes involved in bringing matters before the Council ensure that Ministers' actions are properly documented, are legally and constitutionally valid, and are in accordance with government policy.

Opening of the 3rd Session of the 20th Parliament by Her Majesty Queen Elizabeth II on 15 February 1954

The role of the King

Australia is a constitutional monarchy. A monarchy is a country where the position of head of state is inherited. A constitutional monarchy is one where the powers of the monarch or sovereign-the King or Queen-are limited by law or convention, and generally exercised only according to the advice of an elected government.

The head of state is a formal, symbolic and ceremonial position, as opposed to the position of head of government, which has the administrative power to govern the country. In some systems of government the head of state and head of government are the same person-for example, in the United States the President has both functions.

Australia's head of state is King Charles III. King Charles is also King of the United Kingdom and several other countries which used to be part of the former British Empire. The King's role as King of Australia is quite separate from his role as King of the United Kingdom. The United Kingdom Government plays no part in the King's role as King of Australia.

In Australia the powers of the King have been delegated by the Australian Constitution to his representative in Australia, the Governor-General. That is, while Australia's head of state is the King, the functions of head of state are performed by the Governor-General. The King's only necessary constitutional function is to appoint the Governor-General, and in doing this the King acts as advised by the Australian Prime Minister. The Constitution gives the King the power to disallow an Australian Act of Parliament, but this has never been done and it is extremely unlikely that it would ever be done.
The Judiciary
The Constitution vests the judicial power of the Commonwealth-the power to interpret laws and to judge whether they apply in individual cases-in the High Court and other federal courts. The High Court is established by the Constitution. Other federal courts are created by legislation of the Parliament. Judges are appointed by the Governor-General acting on the advice of the Prime Minister and Cabinet. Judges can only be removed from office by the Governor-General following a request for the removal from both Houses of Parliament on the ground of proved misbehaviour or incapacity.

One of the major functions of the High Court is to interpret the Constitution. The High Court may rule a law to be unconstitutional-that is, beyond the power of the Parliament to make-and therefore of no effect. While the Parliament may override a court's interpretation of any ordinary law by passing or amending an Act of Parliament, the Parliament is subject to the Constitution. The Constitution cannot be changed by an Act of Parliament alone-a referendum of the people is necessary.

The High Court of Australia

1 Covering clause 2 of the Commonwealth of Australia Constitution Act (the Constitution) provides that references to 'the Queen' shall include references to Queen Victoria's heirs and successors.
For more information
, 7th edn, Department of the House of Representatives, Canberra, 2018, House of Representatives Practice
pp. 1-41, 43-83.

Images courtesy of AUSPIC.
Table 1 - The Executive Government of Australia

# data[].attributes.attachment_link.title
Infosheet 20 - The Australian system of government

# data[].attributes.attachment_link.description
Infosheet 20 - The Australian system of government

# data[].attributes.attachment_link.readable_text
Home > Learning > Fact Sheets > Separation of Powers: Parliament, Executive and Judiciary

Separation of Powers: Parliament, Executive and Judiciary
Fact Sheet - Separation of Powers: Parliament, Executive and Judiciary [PDF 380kb, 2 pages]

The Australian Constitution is the set of rules by which Australia is run. The first three chapters of the Constitution define three largely separate groups - the Parliament, the Executive and the Judiciary - and the roles they play in Australian governance. The power to make and manage federal law is divided between these three groups. This division is based on the principle of the 'separation of powers'.

Under this principle, the power to govern should be distributed between the Parliament, the Executive and the Judiciary to avoid one group having all the power. Each group should work within defined areas of responsibility so that each keeps a check on the actions of the others.

Separation of roles

Parliament

The Parliament makes and amends the law

Parliament (also referred to as the Legislature) is made up of the Queen (represented by the Governor-General), the Senate and the House of Representatives

Executive

The Executive puts the law into action

The Executive is made up of the Queen (represented by the Governor-General), Prime Minister and ministers

Judiciary

The Judiciary makes judgements about the law

The Judiciary is made up of the High Court and other federal courts

Exceptions to the principle

Australia does not have a complete separation of powers because some of the roles of the Parliament, the Executive and the Judiciary overlap. For example, the Prime Minister and ministers are part of the Executive and the Parliament. High Court judges, the Prime Minister and ministers are officially appointed by the Governor-General, who is part of the Parliament and the Executive.

The role of the Governor-General

Section 61 of the Constitution states that 'the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative'. This means that the Governor-General has been given certain powers to act on behalf of the Queen. However, the role of the Governor-General is not just defined by the Constitution, but also by custom and tradition.
While executive power is exercised by the Governor-General, in reality this is normally done on the advice of the Prime Minister and ministers, who have day-to-day responsibility for governing Australia. The Governor-General does not have the authority to make decisions on behalf of the government, but has a role in both the government and the Parliament (see Governor-General).
Responsible government

The separation of powers works together with another principle known as responsible government, to guide the way law is made and managed. Responsible government means that a party, or coalition of parties, must maintain the support of the majority of members of the House of Representatives in order to remain in government. This provides another check on the Executive, ensuring they remain accountable to the Parliament and do not abuse their power.

History

The origins of the principle of the separation of powers can be traced back as far as ancient Greece. It was made popular much later by French philosopher Charles de Montesquieu in 1748 in his work L'Esprit des Lois (the Spirit of the Laws). He wrote that a nation's freedom depended on the three powers of governance-legislative, executive and judicial-each having their own separate institution. This principle has been widely used in the development of many democracies since that time.

# data[].attributes.attachment_link.description
Home > Learning > Fact Sheets > Separation of Powers: Parliament, Executive and Judiciary Fact Sheet - Separation of Powers: Parliament, Executive and Judiciary [PDF 380kb, 2 pages] The Australian Constitution is the set of rules by which Australia is run.

# data[].attributes.attachment_link.title
Parliament of Victoria - Parliament Explains

# data[].attributes.attachment_link.readable_text
There are many people involved in the court system. Below is a list of some of the people you might meet if you are required to attend court:

Accused
The person against whom a criminal case is brought. Sometimes referred to as the defendant.

Associate Judge (Supreme Court)
The person who generally carries out the judicial function of hearing and determining issues which arise before and after trial in civil cases. Associate Judges do not hear trials.

Barrister
A legal advocate who is briefed by a solicitor to present the defence or prosecution case in court.

Bench clerk (Magistrates', Coroners and Children's Court)
Sits near the magistrate or coroner, and announces the cases and calls people into court. The bench clerk will direct people where to stand, read the charges out in a criminal proceeding and administer the oath or affirmation to witnesses.

Defence Solicitor or Duty Solicitor
The person who represents the accused in court. If the accused does not have a solicitor, they may be entitled to representation by a duty solicitor.

Informant
In criminal cases, this is the police officer who charged the defendant. In coronial inquests, this is the police officer who investigated on behalf of the coroner. In some cases, the informant is a council officer or other government official.

Judge
The person who hears cases and makes decisions in the County Court and Supreme Court. If a judge and a jury hear the case, the judge will be responsible for directing the jury about the law. If the accused is found guilty, the judge will impose the sentence.

In Victoria, the State Coroner is also a judge. When you speak to a judge, you should address them as 'Your Honour'.

Judge's Associate (Supreme, County and Coroners Courts)
Performs various administrative and court duties to assist the judge. These duties may include completing paperwork, liaising with parties, keeping a record of court proceedings, and taking verdicts or findings in coronial hearings.

Magistrate
The person who hears cases and makes decisions in the Magistrates' Court and Children's Court. They decide what happens to a case, whether a case will have to go to another court or be put off until another day, whether the defendant is guilty or not guilty, and any penalty that will be given to the defendant. Some coroners are also magistrates.

When you speak to a magistrate or coroner, you should address them as 'Your Honour'.

Plaintiff, complainant or applicant
The person who initiates the case in a non-criminal (civil) matter.

Prosecutor
The person who appears in court to present the case against the defendant in a criminal hearing. Cases in the Magistrates' Court and Children's Court are usually prosecuted by a police officer. Cases in the higher courts are usually prosecuted by the Office of Public Prosecutions.

Registrar
The manager/administrator of the court. It will be a registrar or deputy registrar (or member of the registry staff) who will assist you at a court counter.

Respondent
The person against whom a civil case is brought.

Tipstaff (Supreme and County Courts)
Announces that the court is in session and administers oaths or affirmations to witnesses. An important duty of the tipstaff is to look after the jury. He or she escorts jury members into the courtroom and into the jury room, and deals with any practical matters for the jury.

# data[].attributes.attachment_link.description
There are many people involved in the court system. Below is a list of some of the people you might meet if you are required to attend court: Accused The person against whom a criminal case is brought. Sometimes referred to as the defendant.

# data[].attributes.attachment_link.description
By clicking on the "I have read and understood the C.O.L.D. Terms and Conditions" checkbox when proposing a new Dictionary term or suggesting a revised Dictionary definition, you authorize Irwin Law to edit, copy and distribute your submission in any medium, either commercially or non-commercially.

# data[].attributes.body
(American example)

# data[].attributes.attachment_link.title
Watch the judge sentence Jodi Arias to life

# data[].attributes.attachment_link.title
TimeBase - What is the difference between statute and common law?

# data[].attributes.attachment_link.readable_text
Everything you need to know about the role, function, structure and people of the Australian Parliament. From the Australian Constitution to bills and laws, and how you can get involved, this section will help you understand how our Parliament works, as well as its history.

About us

The Parliamentary Education Office (PEO) educates Australians about, and inspires their enthusiasm for, Australia's parliamentary democracy.

Through our accessible, immersive, experiential programs and resources, the PEO fosters informed, engaged and active citizens of all ages.

Let us help you...

The PEO acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to elders past and present.

© Commonwealth of Australia | Page last reviewed 22 May 2019

# data[].attributes.attachment_link.title
Understand our Parliament - Parliamentary Education Office

# data[].attributes.attachment_link.description
Everything you need to know about the role, function, structure and people of the Australian Parliament. From the Australian Constitution to bills and laws, and how you can get involved, this section will help you understand how our Parliament works, as well as its history.

# data[].attributes.attachment_link.readable_text
Home > Learning > Closer Look > The Australian Constitution > The Constitution and the High Court

The Constitution and the High Court
Closer Look - The Australian Constitution [PDF 1.58Mb, 9 pages]
The Australian Constitution does not include a Bill of Rights. However, some human rights are mentioned, including the right to compensation if the government acquires your property (s 51(xxxi)), guaranteed trial by jury for federal offences (s 80) and freedom of religion (s 116).

People are allowed to test the meaning and application of the Australian Constitution. It is the principal function of the High Court of Australia to interpret the Constitution and to settle disputes about its meaning. The High Court, established in 1903, has the power to consider Commonwealth or state legislation and determine whether such legislation is within the powers granted in the Constitution to the relevant tier of government. The High Court can invalidate any legislation or parts of legislation that it finds to be unconstitutional.

Sometimes the High Court is asked to decide whether it is the Commonwealth Government or a state government which has the authority and responsibility to deal with a matter. At other times, because the Constitution provides specific limits to what the Commonwealth Government is empowered to do, the High Court may be asked to decide whether a law made by the Commonwealth Government is within that power.

Evolving interpretations of the Constitution by the High Court have resulted in stronger law-making powers for the Commonwealth, without any changes to the words of the Constitution. Important court cases have included the Engineers Case (The Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129), the Tasmanian Dam Case (Commonwealth v Tasmania (1983) 158 CLR1) and Work Choices Case ( New South Wales v Commonwealth (2006) 231 ALR 1).

Work Choices Case

The 'Work Choices' legislation, which came into effect in March 2006, made substantial changes to the regulation of employment conditions and industrial relations. The legislation used the 'corporations power' granted by s 51(xx) of the Constitution, rather than the conciliation and arbitration power in s 51(xxxv) that has historically been the foundation of Australia's industrial legislation, to make the changes.

The Commonwealth's use of the corporations power was challenged by the states and territories in the High Court, along with other aspects of the Work Choices reforms. However, the challenge was rejected by a majority of the Court and the legislation was upheld.

# data[].attributes.attachment_link.description
Home > Learning > Closer Look > The Australian Constitution > The Constitution and the High Court Closer Look - The Australian Constitution [PDF 1.58Mb, 9 pages] The Australian Constitution does not include a Bill of Rights.

# data[].attributes.body
Hoddle st massacre

# data[].attributes.attachment_link.title
Role of the High Court - High Court of Australia

# data[].attributes.attachment_link.description
The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The functions of...

# data[].attributes.body
Dumb and dumber

# data[].attributes.headline
Indigenous Australians not counted in the constitution

# data[].attributes.subject
Indigenous Australians not counted in the constitution

# data[].attributes.attachment_link.title
Parliament of Victoria - Legislation & Bills

# data[].attributes.attachment_link.title
Role of the Court | Children's Court of Victoria

# data[].attributes.attachment_link.description
The Children's Court of Victoria is a specialist court with two divisions dealing with cases involving children and young people.The Family Division hears:applications relating to the protection and care of children and young persons at risk, andapplications for intervention ordersThe Criminal Division hears:

# data[].attributes.attachment_link.readable_text
Updated September 14, 2017 09:50:31

Magazine publisher Bauer Media has been ordered to pay Hollywood actress Rebel Wilson more than $4.5 million in damages for defaming her in a series of stories in 2015.

It is the largest defamation damages payout ever ordered by an Australian court.

"Today's verdict is a significant record - it's about four times the highest previous verdict in a defamation case in Australia," Wilson's lawyer Richard Leder said outside the Supreme Court in Melbourne.

"I think she's going to be absolutely stoked and she'll probably say she crushed it."

Wilson, who is in London, later tweeted she was grateful for the payout and promised to donate the money, as she had said she would do in June.

"Justice Dixon has awarded me a record sum and I'm extremely grateful for that," she said.

"To me though, this case wasn't about the money.

"I'm looking forward to helping out some great Australian charities and supporting the Oz film industry with the damages I've received."

Wilson was seeking $7 million after she successfully sued the Woman's Day publisher over eight articles, which she described in court earlier this year as a "malicious, deliberate take-down" of her.

The court today heard Wilson had offered to settle before trial for $200,000.

But in awarding the damages, Justice John Dixon described the extent of the defamation as "unprecedented in this country" because of the articles' global reach.

"At trial and in the full media glare, Bauer Media tried to characterise its articles as true, or as trivial, or as not likely to be taken seriously," he said.

"Substantial vindication can only be achieved by an award of damages that underscores that Ms Wilson's reputation as an actress of integrity was wrongly damaged in a manner that affected her marketability in a huge worldwide marketplace."

The actress had sought $5.89 million in special damages and $1.2 million in general damages.

"The decision by Justice Dixon clearly provides her with enormous vindication, which comes on top of the tremendous vindication that the jury verdict delivered to her. She's going to be absolutely thrilled," Mr Leder said.

The damages awarded included $650,000 in general damages and $3,917,472 in special damages for opportunities lost. Bauer will also have to pay the court costs.

Mr Leder said Wilson would also be seeking the full costs she incurred in running the case.

'A message to the tabloid media'

Justice Dixon strongly criticised Bauer Media for failing to properly investigate the claims about Wilson, and for publishing them despite knowing they were false.

"The information was based on a source who required payment and anonymity and whom the editor considered had an axe to grind," he said.

"They repeated the offending allegations when they knew or foresaw that their defamatory slurs would be repeated in the entertainment and celebrity media."

He said the continued publication of articles on Ms Wilson's past was motivated by the pursuit of profit.

"Their conduct was orchestrated, it was a campaign designed to cast a slur on Ms Wilson, that would attract interest," he said.

"Bauer Media published to advance it own corporate interests, to improve its circulation, or increase views, hits, in the expectation of high profits.

"It kept the story alive for days. Bauer Media appreciated the risk of reputational damage to the plaintiff and did not care whether Ms Wilson suffered it as it pursued its own corporate objective."

Bauer Media said in a statement that it was "considering the judgement".

"Bauer Media has a long history of delivering great stories to our readers and we have a reputation for developing some of the best editorial teams in the country," general counsel Adrian Goss said on behalf of the company.

"This is what we are focused on."

Mr Leder said Justice Dixon's words and the significant payment would serve as a "message to the tabloid media" not to operate in the same manner.

Damages payments for non-economic losses in Victorian defamation cases, such as for emotional suffering, are capped at $389,500. But "special damages", including loss of earnings, are uncapped.

The actress returned to Melbourne in May to give evidence over six days during the three-week trial.

At the time, she told the court she decided to sue to "stand up" for herself and her family, after the articles claimed she had lied publicly about her age, real name and upbringing.

"Even though it's going to be harrowing to come into the court ... I felt like I have to ... I'm the one to do it," she said.

"I have enough money, I have the courage to come and do it and this magazine company gets away with so much and not everyone has the strength to stand up for themselves."

'Shocked and blindsided'

In evidence which ranged from emotional to comedic, the 37-year-old actress told stories about her upbringing as a Sydney "bogan", including as a junior dog handler and the family's belief that they were related to Walt Disney.

"It's just something I've always known, like knowing who your parents are," she told the court under cross examination.

"My Nana had a family tree done.

"I believe the purpose of why she did it was to see whether us, her grandchildren, were entitled to any royalties."

During the trial, she became upset as she spoke about the impact the articles had on her personal and professional career.

She told the court the articles caused her to be fired from the movies Trolls and Kung Fu Panda 3 because she was "too divisive".

"I was just absolutely shocked and blindsided ... I didn't even know what to say, I was just extremely embarrassed," she said.

"The director and producers had said they'd loved my improvisation so much that it reminded them of when Robin Williams recorded.

"I believe Mr Katzenberg was referring to the negative press - that's the only thing I can think of."

Another of Wilson's lawyers, Matthew Collins QC, told the trial that Wilson could have made up to $18 million from a number of film roles if the articles had not damaged her career, and the amount sought was "conservative".

Topics: courts-and-trials, law-crime-and-justice, information-and-communication, print-media, melbourne-3000, vic

First posted September 13, 2017 10:39:16

# data[].attributes.attachment_link.title
'She crushed it': Rebel Wilson wins Australia's largest defamation payout

# data[].attributes.attachment_link.description
Updated September 14, 2017 09:50:31 Magazine publisher Bauer Media has been ordered to pay Hollywood actress Rebel Wilson more than $4.5 million in damages for defaming her in a series of stories in 2015. It is the largest defamation damages payout ever ordered by an Australian court.

# data[].attributes.headline
Corrections Amendment (parole) Bill 2014

# data[].attributes.subject
Corrections Amendment (parole) Bill 2014

# data[].attributes.body
Bill pertaining to Julian Knight

# data[].attributes.attachment_link.description
The primary source for Victorian legislation. Find Bills considered by Parliament, Acts of Parliament and statutory rules.