The separation of powers is a very important element of our system of government. The legislature passes laws that apply to all, including the members of the executive government. The executive administers those laws. The judiciary determines how those laws apply in particular cases when there is a dispute about it. Further the legislature, in a Westminister system, determines who forms the executive government and the executive government is responsible to it. A critical function of the legislature is to appropriate money to the executive for the functions of government, but it is for the executive to determine how that money is spent.
The importance of separating these powers is to prevent abuse or concentration of power. Separating the powers also helps balance accountability and independence.
Thus the legislature or the executive cannot interfere in a court case. A judge cannot take a role in adminsitering a law until a case about the law is brought to court by disputing parties.
The separation of legislative and executive powers is less obvious, particularly where the government of the day enjoys a majority in the legislature. But where it does not, the separation is more important, particularly in places, like the ACT, which have only one house of parliament and minority government.
The Government does not always get its way on legislation. The Opposition and minor parties can push legislation through and the Government has to administer it. But the Government must be allowed to govern. In particular, it should get the money to govern and should not have imposed upon it strictures about the spending or not spending of significant amounts of money. If the legislature does not like a line item in a budget, a vote against that line item is really a vote of no-confidence in the Government itself.
This much is recognised in the case of the federal parliament in the Constitution and in the case of the ACT Legislative Assembly in standing orders. The Constitution says that the Senate cannot amend financial Bills and that Bill raising revenue can only deal with revenue raising and not with any other matter. The standing orders say that only a Minister may introduce legislation that requires significant government spending or revenue measures.
private members’ Bills ht respect to the in the Am
Transformatio has made it difficult to judge year to year, but now settled. Bit like going metric. One generation suffers.