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August 23, 2019, 04:55:23 pm

Author Topic: Seperation of powers  (Read 913 times)  Share 

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mypurpleundercracka

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Seperation of powers
« on: February 11, 2009, 04:51:33 pm »
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Can anyone tell me how the case of "Kilbourn v. Thompson (1880)" is fundamental for the reasons behind the separation of powers

hard

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Re: Seperation of powers
« Reply #1 on: February 11, 2009, 06:20:47 pm »
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oh yay FIRST legal quation of '09!
well anyway time to flex my powers. In the kilbourne v Thompson case (1880), the court states that 'without the division of the legal system into three areas... the legal system could not operate effectively and thus there would be no adequate regulation of the power held by bodies within the legal system.

i personally used this case in many question regarding division of power and most certainly would've used it in the exam if a q did come up in this topic. This is all i know of the KvT case, however your text book should outline the significance this has on the division of power. Maybe this case resulted in the introduction of the system of division of power witihin Australia? Check it out on wikipedia or something.

But i don't think you need to know more than this about the case. I mean the rest is irrelevant as such for the exam. well anyway hope this helped.

mypurpleundercracka

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Re: Seperation of powers
« Reply #2 on: February 11, 2009, 07:51:44 pm »
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oh yay FIRST legal quation of '09!
well anyway time to flex my powers. In the kilbourne v Thompson case (1880), the court states that 'without the division of the legal system into three areas... the legal system could not operate effectively and thus there would be no adequate regulation of the power held by bodies within the legal system.

i personally used this case in many question regarding division of power and most certainly would've used it in the exam if a q did come up in this topic. This is all i know of the KvT case, however your text book should outline the significance this has on the division of power. Maybe this case resulted in the introduction of the system of division of power witihin Australia? Check it out on wikipedia or something.

But i don't think you need to know more than this about the case. I mean the rest is irrelevant as such for the exam. well anyway hope this helped.

cheers, Ive always wanted to know about this case because I have a SAC on the "principles of the Australian parliamentary system" this friday but all the sites i looked through on the case were full of legal jargon i found difficult to understand
« Last Edit: February 11, 2009, 08:33:28 pm by mypurpleundercracka »

hard

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Re: Seperation of powers
« Reply #3 on: February 11, 2009, 08:50:59 pm »
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ye a lot of legal sites are rubbish for vce students so you're better off asking some else or looking through other vce recourses.
Make sure you post up any questions you need help with!