In Australia, three branches of government include the legislature, the executive and the judiciary. However, despite the three branches of government, Australia does not have a separation of powers.
In Australian governments, the legislative assembly and the executive share their leadership. The judiciary interprets and applies what the legislature has legislated. The judicial branch of government does not have the authority to decide what is just.
When a judicial decision contradicts the expectations of the government, the legislature immediately amends the statutes to achieve the outcomes desired by the government.
The conflict is the members of the ruling party in the legislative assembly also serve as ministers in the executive branch of government. Therefore, it is a given that there is no separation of powers as the same people that create statutes also execute them.
The fundamental concern is that the judiciary cannot overrule statutes that violate common law and are unjust. This inability is at the state and federal levels throughout Australia.
If Australia has a separation of powers, citizens can seek justice from the judiciary. However, as it only interprets and applies existing statutes, it cannot overrule unjust orders, such as suppressing critics or political opponents.
Therefore, while universities and government institutions and their websites boast of separation of powers in the Australian government, the reality is very different.