Government and the law in Australia
Separation of Powers in Australia
Australia separates legislative, executive and judicial power so that making laws, putting laws into action and deciding legal disputes are not all controlled by the same body.
Last reviewed 2026-06-19
Three different powers
Legislative power is the power to make laws. Executive power is the power to put laws into practice. Judicial power is the power to interpret laws and decide legal disputes.
Why separation matters
Separating powers reduces the risk that one person or body can make, administer and judge the law without checks. It supports accountable government and independent courts.
How to remember the distinction
Think of Parliament making laws, the executive administering laws and courts deciding cases. The terms describe functions, so study what each power does rather than only memorising the labels.
Key facts
- Legislative power makes laws.
- Executive power puts laws into practice.
- Judicial power interprets and applies laws in cases.
- The Constitution separates these powers.
Common mistakes
- Saying courts make ordinary laws.
- Treating executive power as the power to decide guilt in court.
- Assuming the three powers have no relationship to each other.
Important vocabulary
- legislative
- Connected with making laws.
- Example: Parliament exercises legislative power.
- executive
- Connected with administering laws and government decisions.
- Example: The executive puts laws into practice.
- judicial
- Connected with courts and legal decisions.
- Example: Courts exercise judicial power.
Official sources
- Australian Citizenship: Our Common Bond How is the power of government controlled?, page 26 Last verified 2026-06-19
- Australian Citizenship: Our Common Bond Legislative power, page 26 Last verified 2026-06-19
- Australian Citizenship: Our Common Bond Executive power, page 26 Last verified 2026-06-19
- Australian Citizenship: Our Common Bond Judicial power, page 26 Last verified 2026-06-19