About Parliament - Sheet 05 Three Branches of Government The system of government in Western Australia is Governor under Letters Patent issued by Her that of a parliamentary democracy based on the Majesty the Queen. In practice it consists of all rule of law. More than 250 years ago, a famous the members of the ministry and is presided French philosopher, the Baron de Montesquieu, over by the Governor. published a book The Spirit of the Laws (1748). All ministers also meet as a body called the In the book he claimed that liberty existed in cabinet, which is led by the Premier. The England because of the way in which the system Premier and the cabinet are not recognised in of government was organised. He recognised three the constitution, but in practice make the branches of government: namely the legislature; major decisions relating to government policy executive; and judiciary. Each branch and guide ministerial decision‐making. checked each other to prevent any person The carrying out or execution of the laws is or arm becoming too powerful. Western undertaken by the public service (government Australia’s constitution does not exactly follow departments) and statutory authorities. the ideas set down by Montesquieu as there are, in reality, overlaps. Viewing the three branches of government does assist in understanding how the government is structured. 1. Legislature The power to make laws. In Western Australia, Government House the legislative arm of government is the Parliament 3. Judiciary (the ‘legislature’). The Western Australian The power to interpret and apply laws. Parliament is bicameral (made up of two houses), In Western Australia, the judicial arm of consisting of the Legislative Council (upper house) government is the hierarchy of courts (the and the Legislative Assembly (lower house). ‘judiciary’), headed by the Supreme Court. The Chief Justice of Western Australia is the state’s chief judicial officer. The High Court of Australia is the nation’s highest court. The two houses of the Parliament of Western Australia The Supreme Court 2. Executive Although the functions of government in The power to execute (enforce) laws. Western Australia can conveniently be The executive has the power to put into effect, in classified into legislative, executive, and individual cases, the general rules made under the judicial, there is no formal constitutional legislative power. In Western Australia, the peak separation of these powers as there is, for executive body is the Executive Council. instance, in the constitution of the United The Executive Council is appointed by the States. 9 About Parliament - Sheet 05 Three Branches of Government LEGISLATURE EXECUTIVE JUDICIARY Carrying out or Judging or Law‐making executing the law adjudicating on the law The Government of Western Australia Parliament Government Courts Legislative Council Governor High Court Upper house of Parliament Represents the head of state of Highest court in Australia House of Review Western Australia (the monarch of Supreme Court Legislative Assembly the United Kingdom) Highest court in Western Australia Lower house of Parliament General Division Western Australia House of Executive Council Court of Appeal Government Supreme executive authority in Western Australia District Court Parliamentary Committees Examine and report on issues Premier Magistrates Court concerning Western Australia Head of government in Western Australia Family Court Select Committees Appointed to undertake a Cabinet (Ministry) Children’s Court particular or select task e.g. Administers government Select Committee on Youth departments and reports to Drug Court Affairs (Assembly), Select Parliament Committee on Aboriginal Coroner’s Court Parliament Education (Council) Departments e.g. Education, Environment, Liquor Commission of WA Standing Committees Health, State Development, Appointed for the life of the Treasury, Police Tribunals Parliament for a continuing e.g. State Administrative Tribunal, task, e.g. Public Accounts Statutory Authorities Prisoners Review Board Committee (Assembly) e.g. Lotteries Commission, Legislation Committee (Council) Water Corporation, Rottnest Other legal officers Island Authority e.g. Office of the Director of Public Joint Committees Prosecutions, Made up of members from Office of both houses of Parliament the Solicitor‐General, e.g. Joint Standing Committee Sheriff’s office on Delegated Legislation Independent Agency Officersinclude: Auditor General, Ombudsman (Parliamentary Commissioner for Administrative Investigations), Public Sector Commissioner, Information Commissioner, Corruption and Crime Commissioner and Parliamentary Inspector of the Corruption and Crime Commission 10.