ASSIGNMENT

Law Assignment

Law Assignment

Chapter 1 - The Australian Legal System

Question 1:

The doctrine of the Separation of Powers partitions the foundation of government into three extensions: the Legislative, the Executive and the Judiciary. Where the Legislative edges the laws, the Executive puts the same into impact or operation and the Judiciary deciphers the laws. The forces and capacities of each of these recognized branches are particular and are completed by separate work force. No single organization has the capacity to practice complete power, the explanation for why being occurred, they are interdependent around them. Force hence separated might as well anticipate absolutism (as in governments and autocracies; where all extensions are packed in the hands of a solitary power) or corruption rolling out from the chances that intemperate power offers. The regulation could be augmented to empower the three organizations to go about as checks and adjustments on one another. All the branches are being divided equally so that other branch does not surpassing its powers, consequently guaranteeing the guideline of law and securing individual rights (Germain, M.C., 195, 2003).

There are certain factors where the separation of power is not valid such as: violation of organic unity of government, no guarantee for individual liberty, parliamentary government in England, inequality of organs, not powers but functions and lastly impracticability. These strict powers can be impracticable but it has its appeal to prove legal evidence. Independence must be maintained among all the organs of government or else conflicts may arise. As Laski expressed in his own words that “It is necessary to have a separation of functions which need not imply separation of personnel" (Germain, M.C., 195, 2003).

It is clear that doctrine of Separation of Power has not been accepted in India in its strict sense. Since it is a Parliamentary form of government, therefore it is based upon intimate contact and close co-ordination among the three wings. But still a tension between separation and concentration of power will always exist. Lord Action said that “Power corrupts and absolute power corrupts absolutely”

Question 2:

Statutory interpretation (canons of construction) is very flexible, and there are no strict rules and regulations of interpretation. There are three methods of statutory interpretation which are Exegetic methods, the method of social purposes and the free scientific research method. The use of extrinsic aids thus implies non-adherence to literalism. However, documents released under the 30 year rule may not be used as it is unreasonable to allow secret documents to be used in the court (E-law resources, 2013).

In this chapter the exegetic methods have been used to facilitate the best role of statutory interpretation. Extrinsic materials are those things which are found beyond the boundaries of legislation. They can be any report from the royal commissions, committees of inquiry, joint committees, treaties and international agreements, minutes of meeting during the parliament debates and any authorized text of any act or any explanatory memoranda. The interpretation of this method is often complicated because most of its information is still in disputes that have ...