The Case for Constitutional Reform

The fact that the Constitution gave Australians a system of government on the British model provided a sufficient indication of an intention to reject altogether the principle of the separation of powers, notwithstanding the close resemblance between the relevant provisions of the Australian Constitution and those of the United States Constitution. – Sir Harry Gibbs (1987)^[1]

Constitutional government — government under the rule of law — requires an appropriate separation of powers. However, the Westminster style of government our Founders bequeathed to Australia provides a very weak separation of powers, especially between the legislative and executive branches of government. Under present conditions, few are the laws the Australian governments cannot create and change at pleasure. The effect is that these governments are accountable to no one except, once in every few years. at general elections. It is no wonder why so many of fundamental rights can be ignored and…