Separation Of Powers Essay

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The only influence legislature has on the judiciary is that it passes the laws that the courts have to comply with.

The two components of the Executive – the Administration and the Judiciary – are organised upon strictly separate lines, with one exception: the Administration is checked by the courts of public law (the Administrative Court, the Constitutional Court and the Asylum Court).

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The Members of government are, as a rule, members of those parties which have a majority in Parliament.

As a result, one important democratic task is more and more often taken over by the opposition parties: controlling the Government.Judges cannot be deposed and cannot be assigned other positions against their will.As in other democratic countries the separation of powers is also in Austria affected by the realities of the Party State.On the other hand, the Executive – in the person of the Federal President acting on a proposal made by the Federal Government – has the right to dissolve the National Council.Laws passed by the National Council can be checked by the Constitutional Court and declared null and void if they are found to be unconstitutional.The classical separation of powers is given a new dimension – the confrontation of the governing majority and the opposition.While this aspect is not enshrined in the written Constitution, it is a fact of political reality.You can view samples of our professional work here.Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UK Essays.History has time and again shown that unlimited power in the hands of one person or group in most cases means that others are suppressed or their powers curtailed.The separation of powers in a democracy is to prevent abuse of power and to safeguard freedom for all.


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