LEGT1710: Business and the Law
Part One
The Australian legal system operates under the theory that there is a separation of powers among the three divisions of government. The doctrine of the separation of powers was instigated to divide the institutions of government into three separate entities; legislative, executive and judicial. Each entity has different responsibilities; the legislative (parliament) is the supreme law-maker, and responsible for making the law. The executive (administration) administers laws made by parliament, and the judiciary, or courts, enforce and interpret the laws. As a result, the powers and functions of each branch are supposedly separate, allowing no single entity to establish complete authority, while each remain interdependent on one another. This ensures that there are checks and balances on authority, placing limits on what each institution can do, guaranteeing the prevention of absolutism or corruption and certifying the protection of individual rights.
However, under the Westminster System, this separation is not in complete operation. In reality, the legislature and executive are not entirely separated. As the ministers, government departments and agencies are elected from, and consequently accountable to the parliament, there is a significant amount of interconnection between the two branches. This embodies the doctrine of responsible government; a system of government that exemplifies parliamentary accountability. Conversely, there is a more distinct separation of the judiciary from the legislative and executive institutions.
Part Two The doctrine of precedent dictates that a court is bound to follow previous decisions made by higher courts in the same hierarchy. It is critical to be aware of the court hierarchy in order to understand the operation of precedent, as a precedent is only binding if it was made by a court in