A number of limits arising from the strict separation of judicial power have been recognised at the Commonwealth level.
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A number of limits arising from the strict separation of judicial power have been recognised at the Commonwealth level. The existence and scope of these limits reflect the mix of political and legal constitutionalism in Australia. Do you agree? Why/why not? In answering this question, you must refer to at least two (2) cases dealing with the implied separation of judicial power.
Guidance: (These are prompts to consider. DO NOT SIMPLY SET OUT THE ANSWERS TO THESE PROMPTS THAT WILL NOT BE ENOUGH TO ANSWER THE QUESTION)
In answering this question, consider: what is the mix of political and legal constitutionalism in Australia? Do the principles developed in cases about the separation of judicial power at the Commonwealth level impose limits? Using the cases you draw on, explain how strong/weak those limits are. Explain how these limits reflect the mix of legal and political constitutionalism in Australia
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