What is a system of government in which one or more governments exercise power over the same people and the same territory called?

The principle of the separation of powers distributes the power to govern between the Parliament, the Executive and the Judiciary. This fact sheet examines the role of each group and the related principle of responsible government.

The Australian Constitution is the set of rules by which Australia is run. The first 3 chapters of the Constitution define 3 mostly separate groups—the Parliament, the Executive and the Judiciary—and the roles they play in the governing of Australia. The power to make and manage Australian law is divided between these 3 groups. This division is based on the principle of the 'separation of powers'.

Under this principle, the power to govern should be distributed between the Parliament, the Executive and the Judiciary to avoid any group having all the power. Each group should work within defined areas of responsibility to keep a check on the actions of the others.

Separation of roles

Parliament

The Parliament makes and amends the law

Parliament (also referred to as the Legislature) is made up of the King (represented by the Governor-General), the Senate and the House of Representatives

Executive

The Executive puts the law into action

The Executive is made up of the King (represented by the Governor-General), Prime Minister and ministers

Judiciary

The Judiciary makes judgements about the law

The Judiciary is made up of the High Court of Australia and other federal courts

Exceptions to the principle

Australia does not have a complete separation of powers because some of the roles of the Parliament, the Executive and the Judiciary overlap. For example, the Prime Minister and ministers are part of the Executive and the Parliament. High Court judges, the Prime Minister and ministers are officially appointed by the Governor-General, who is part of the Parliament and the Executive.

The role of the Governor-General

Section 61 of the Constitution states that ‘the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative’. (Covering clause 2 says that the ‘Queen’s’ powers extend to her heirs.) This means that the Governor-General has been given certain powers to act on behalf of the King. The role of the Governor-General is not just defined by the Constitution; it is also defined by custom and tradition.

While executive power is exercised by the Governor-General, in reality this is normally done on the advice of the Prime Minister and ministers, who have day-to-day responsibility for governing Australia. The Governor-General does not have the authority to make decisions on behalf of the government, but has a role in both the government and the Parliament.

Responsible government

The separation of powers works together with the principle of ‘responsible government’ to guide the way law is made and managed. Responsible government means that a party or coalition of parties must maintain the support of the majority of members of the House of Representatives in order to remain in government. This provides another check on the Executive, ensuring they are accountable to the Parliament and do not abuse their power.

History

The origins of the principle of the separation of powers can be traced back as far as ancient Greece. It was made popular by French philosopher Charles de Montesquieu in his book L'Esprit des Lois (the Spirit of the Laws) (1748). He wrote that a nation's freedom depended on the 3 powers of governance—legislative, executive and judicial—each having their own separate institution. Montesquieu’s ideas have since been widely used in the development of many democratic countries.

What is a system of government in which one or more governments exercise power over the same people and the same territory called?

Parliamentary Education Office (peo.gov.au)

This diagram illustrates the separation of powers in the Australian system of government. The Parliament (represented by an icon of Australian Parliament House) has the power to make and change law. The Executive (represented by a group of people) has the power to put law into action. The Judiciary (represented by an icon of a scale) has the power to make judgements on law. The three groups—Parliament, Executive and Judiciary—are connected.

Here's a rundown of the various forms of government, with definitions provided by "The World Factbook." 

Absolute monarchy - a form of government where the monarch rules unhindered, i.e., without any laws, constitution or legally organized opposition.

Anarchy - a condition of lawlessness or political disorder brought about by the absence of governmental authority.

Authoritarian - a form of government in which state authority is imposed onto many aspects of citizens' lives.

Commonwealth - a nation, state or other political entity founded on law and united by a compact of the people for the common good.

Communist - a system of government in which the state plans and controls the economy and a single -- often authoritarian -- party holds power; state controls are imposed with the elimination of private ownership of property or capital while claiming to make progress toward a higher social order in which all goods are equally shared by the people (i.e., a classless society).

Confederacy (Confederation) - a union by compact or treaty between states, provinces or territories that creates a central government with limited powers; the constituent entities retain supreme authority over all matters except those delegated to the central government.

Constitutional - a government by or operating under an authoritative document (constitution) that sets forth the system of fundamental laws and principles that determines the nature, functions and limits of that government.

Constitutional democracy - a form of government in which the sovereign power of the people is spelled out in a governing constitution.

Constitutional monarchy - a system of government in which a monarch is guided by a constitution whereby his/her rights, duties, and responsibilities are spelled out in written law or by custom.

Democracy - a form of government in which the supreme power is retained by the people, but which is usually exercised indirectly through a system of representation and delegated authority periodically renewed.

Democratic republic - a state in which the supreme power rests in the body of citizens entitled to vote for officers and representatives responsible to them.

Dictatorship - a form of government in which a ruler or small clique wield absolute power (not restricted by a constitution or laws).

Ecclesiastical - a government administrated by a church.

Emirate - similar to a monarchy or sultanate, a government in which the supreme power is in the hands of an emir (the ruler of a Muslim state); the emir may be an absolute overlord or a sovereign with constitutionally limited authority.

Federal (Federation) - a form of government in which sovereign power is formally divided -- usually by means of a constitution -- between a central authority and a number of constituent regions (states, colonies or provinces) so that each region retains some management of its internal affairs; differs from a confederacy in that the central government exerts influence directly upon both individuals as well as upon the regional units.

Federal republic - a state in which the powers of the central government are restricted and in which the component parts (states, colonies, or provinces) retain a degree of self-government; ultimate sovereign power rests with the voters who chose their governmental representatives.

Islamic republic - a particular form of government adopted by some Muslim states; although such a state is, in theory, a theocracy, it remains a republic, but its laws are required to be compatible with the laws of Islam.

Maoism - the theory and practice of Marxism-Leninism developed in China by Mao Zedong (Mao Tse-tung), which states that a continuous revolution is necessary if the leaders of a communist state are to keep in touch with the people.

Marxism - the political, economic and social principles espoused by 19th century economist Karl Marx; he viewed the struggle of workers as a progression of historical forces that would proceed from a class struggle of the proletariat (workers) exploited by capitalists (business owners), to a socialist "dictatorship of the proletariat," to, finally, a classless society -- Communism.

Marxism-Leninism - an expanded form of communism developed by Vladimir Lenin from doctrines of Karl Marx; Lenin saw imperialism as the final stage of capitalism and shifted the focus of workers' struggle from developed to underdeveloped countries.

Monarchy - a government in which the supreme power is lodged in the hands of a monarch who reigns over a state or territory, usually for life and by hereditary right; the monarch may be either a sole absolute ruler or a sovereign - such as a king, queen or prince - with constitutionally limited authority.

Oligarchy - a government in which control is exercised by a small group of individuals whose authority generally is based on wealth or power.

Parliamentary democracy - a political system in which the legislature (parliament) selects the government - a prime minister, premier or chancellor along with the cabinet ministers - according to party strength as expressed in elections; by this system, the government acquires a dual responsibility: to the people as well as to the parliament.

Parliamentary government (Cabinet-Parliamentary government) - a government in which members of an executive branch (the cabinet and its leader - a prime minister, premier or chancellor) are nominated to their positions by a legislature or parliament, and are directly responsible to it; this type of government can be dissolved at will by the parliament (legislature) by means of a no-confidence vote or the leader of the cabinet may dissolve the parliament if it can no longer function.

Parliamentary monarchy - a state headed by a monarch who is not actively involved in policy formation or implementation (i.e., the exercise of sovereign powers by a monarch in a ceremonial capacity); true governmental leadership is carried out by a cabinet and its head - a prime minister, premier or chancellor - who are drawn from a legislature (parliament).

Presidential - a system of government where the executive branch exists separately from a legislature (to which it is generally not accountable).

Republic - a representative democracy in which the people's elected deputies (representatives), not the people themselves, vote on legislation.

Socialism - a government in which the means of planning, producing and distributing goods is controlled by a central government that theoretically seeks a more just and equitable distribution of property and labor; in actuality, most socialist governments have ended up being no more than dictatorships over workers by a ruling elite.

Sultanate - similar to a monarchy, a government in which the supreme power is in the hands of a sultan (the head of a Muslim state); the sultan may be an absolute ruler or a sovereign with constitutionally limited authority.

Theocracy - a form of government in which a Deity is recognized as the supreme civil ruler, the Deity's laws are interpreted by ecclesiastical authorities (bishops, mullahs, etc.); a government subject to religious authority.

Totalitarian - a government that seeks to subordinate the individual to the state by controlling not only all political and economic matters, but also the attitudes, values and beliefs of its population.

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