The government consists of three branches: the legislation (parliament who makes law/ legislation); the judiciary (the court system); and the executive. This essay will give an overview of the structures, and outline the roles and responsibilities of the judicial and the legislative bodies and examine the tension and conflict between judicial and non-judicial powers.
Law is a system of rules which are the result of the weighing of principles. Courts, when making decisions, can apply the rules to the facts of the case. Hence, the judicial arms played a vital role in upholding the ‘rule of law’. The characteristics of judicial power is discussed in Huddart Parker Pty Ltd v Moorehead (1909) 8 CLR 330 at 357 per Griffith CJ:
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