External Affairs Power In Australia

Political thinkers Rousseau, Locke and Montesqieu claimed that the powers of government should be limited, divided and checked. The principle is that there should be a division of government executive, legislative and judiciary powers into three separate arms or institutions that act separately and are independent of one another (members of one branch cannot be members of either of the other two). Australia’s constitution separated powers by delegating the legislative power to Federal parliament (s.1), executive power to the Governor General (s.61) and the Judiciary to the High Court (s.71). However due to Westminster conventions (adopted from the British system of parliament) commonly practiced by the Australia government, the members of the executive (cabinet) are selected from the legislative by the Prime Minister (going against the concept of having no cross-branched members). The PM (also Westminster convention) is not mentioned in the constitution and yet exercised executive power; for example in 2003 PM John Howard exercises (s.68) by sending troops to Iraq. The constitution also provides the executive with the power to appoint the High Court Judge (s.72) and thus is could be argued that the executive has power over the Judiciary in that sense; However the constitution actively safeguards the position of the Judiciary by stating the High Court Judge “Shall not be removed except by the Governor-General in Council, on an address from both Houses of the

For this assignment, I will describe the main international institutions by giving a description of what they are and how they operate. I will then explain how they are structured and governed and I will give some details about how they form and evolved. In my assignment, I will also include some case studies operated by these institutions and their consequences. Finally, I will explain the impact of these institutions on UK Public Services.

Much of the Federal legislation was implemented to comply with international terrorism treaties that Australia was party to (PA, n.d.-a). Examples of this legislation include ‘Chemical Weapons (Prohibition) Act 1994’, which complied with the Convention on the Prohibition of the Development, Production, Stockpiling and use of

When you think of the “land down under” you don’t really think of the kind of government they have. I chose to write about the Australian government because I really don’t hear much about Australia. It currently has a pretty interesting story to tell when it comes to their government. I became a bit interested in Australian politics when I saw a political animated cartoon on the internet that depicted Kevin Rudd, the last Prime Minister, on a news television show and it was quite humorous. I am going to give a quick history lesson on Australia then go into how the government formed and came to be. Then I will talk about the Australian constitution, the Australian arms of government, their federal system, political parties and Australia’s

Australians, was a  domestic  organization.  While the party was actively  aggressive towards governmental policies, they did  not have the  capacity  to be at war with the Commonwealth.  This provision bore no relation to

To introduce, Australia was country solely owned and run by Britian until 1901, the year of Australian federation, from 6 separate self-governing colonies to one, on the 26th day of January 1901. ’While Federation was not perfect, it was a system (of both laws and beliefs) that enabled Australia to flourish.’ The question itself represents the states coming together as one uniting nation. The laws, the beliefs, the privileges and the embellishment of the phrase gives you a sense of welcoming into the history of Australian federation.

The Australian Federal Government (AFP) uses its powers to support the UN by using its political power to sign off on treaties, and supports World Peace internally

Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.

The case of Thomas v Mowbray revolutionised and created a new, broad, perspective of the constitutional defence powers in regards to terrorism. This was the first case to reach the High Court on the validity of anti-terrorism measures that were recently introduced to Australia by the executive. Thomas made several submissions within this case, including that the defence power was limited to defence against threats from foreign states and that the words ‘naval and military’ present in the wording of the section confines the defence power to those activities and cannot underpin broader activities to protect the community. Unfortunately, on the first point there was a 6:1 majority that the law was valid under the power for threats both domestic and foreign. Kirby J dissent held that the Commonwealth had essentially failed to establish the factual basis that was needed to support its reliance on the defence power. Further, Kirby J concluded that the ‘facts underpinning the war on terror did not constitute hostilities for the purposes of the first limb of the defence power.’ The majority of the High Court upheld the constitutional validity of the anti-terrorism laws that allowed for the courts to impose control orders upon persons of whom they believed to pose a threat due to their connections to listed terrorist organisations, regardless of the possibly that some derogable rights maybe be overridden. The control order imposed on Thomas required him to remain in his residence

In this essay I will be critically analysing an article and report on the relationship between Australian law and International law, reflecting on the Universal Declaration of Human Rights and whether it ensures the safe guard of human rights for future generations. I will then analyse whether this promotes peace and equality internationally.

What began as a thoroughly independent and autonomous set of state governments has evolved with a much greater emphasis placed on the Federal power. However, this distinction of power is not outlined in a transparent and efficient way in the Constitution, and throughout the timeline of Australian politics, it has not been uncommon to see contests between the two governments on matters of roles and responsibilities. In times of conflict, section 71 of the Constitution outlines that the High Court can rule an overriding decision on these disagreements, which has strengthened the law making powers of federal parliament. This means that although the federal government has the power to override the state, the High court can still make a judgement that would overrule both federal and state powers. Since the federal government is responsible in the funding of various services it is fair to say that they have more power. The federal parliament can 'grant financial assistance to any state on such terms and conditions as it thinks fit' (Constitution, S96). This means the federal government can offer help to the state government, when needed, in order to help with decision making. If this is the case and the federal parliament does help the state, then this shows how the federal parliament influences the way in which those laws made under state powers are

Considering the fact that Australia can still participate in addressing international issues, such as topics on globalisation, environmental protection, conflict in Africa and economic development- insisting that international treaties be binding in Australian law is not necessary. Australia makes up the parliament of nations and therefore has the right to discuss such issues.

Australia’s international obligations are framed by the United Nations, as this organisation is paramount to enforcing international law and fundamental human rights. The United Nations (UN) was founded in 1945, shortly after World War II, by a group of representatives from fifty nations. Their motive was to establish a stable forum in which international issues could be discussed and prevent wars between powerful nations. The power and purpose of the UN is bound by its founding charter, similar to a constitution, containing one hundred and eleven articles which authorize the rights and obligations of members (United Nations, 2017). All states are of equal sovereignty and each state in the General Assembly is entitled to one vote regardless

Australian foreign policy has undoubtedly been subject to vast changes over the past century, particularly as a response to the increasing role Asia has played in shaping the contemporary global market. Having identified the importance of multilateralism and regionalism, policy continue to be increasingly focused on our geographical position as part of the Asia-Pacific region, and the relationships with our immediate neighbours, as a means to better achieve stability. The word stability in this context does not simply refer one single aspect, but rather encompasses several different areas which are equally important if we are to continue advancing our country in both a domestic and international sense. There are several key areas of policy

The Division and Separation of power are essential to keep our societies rulers to have a restriction on their powers. The importance of each on the Australian domestic law especially in relation to the rule of law, and protecting individual rights, and the legal system.