The principle of separation of powers is that, in order to avoid oppressive government, the three branches of government must be held by separate organs – the legislative, the executive and the judiciary – which can act as checks and balances on each other. (Locke, 1690) The Australian system of separation of powers (SOP) is a hybrid of the Westminster system of government in the United Kingdom and the American federal and constitutional features of government. This system of government was chosen because it provides essential philosophical and theoretical foundations for why separation is essential and although this system incorporates the best aspects of both the British and American systems, many crossovers have been incorporated as a result. Therefore, this shows the vulnerability of the Australian federal and state system to exploitation and abuse.2. Relevant LawsThe notion of separation of powers in government dates back to ancient Greece. Derived in particular from the work of; Locke (1690), Montesquieu (1748), Blackstone (1765) and Madison (1788). As a result, the English and American models of the SOP were developed in the 17th and 18th centuries, with the Australian system of government deriving from these two systems. The Constitution Act of the Commonwealth of Australia (1900) establishes a type of separation of powers between the legislative branch (section 1), the executive branch (section 61) and the judiciary. (section 71) The legislative arm of the Commonwealth consists of the Queen, the Senate and the House of Representatives, this is called the legislative body of the country. The judicial power of the Commonwealth is vested in the Federal High Court and other courts within federal jurisdiction and constitutes the decision-making body. have the power to legislate, do not put them into practice. As noted in Section 2, the federal doctrine of separation of powers states that the executive branch is implemented by the government, the legislative branch is implemented by Parliament, and the judicial branch is implemented by the court ( mainly the Supreme Court). The Queensland Constitution, however, does not separate roles and powers in the same way as the Federal Constitution and there is no established doctrine on the separation of powers similar to that which exists at the federal level. Instead, the theory of the doctrine of separation of powers is partially accepted and followed, but only in a limited way. There is therefore no constitutional impediment to the Queensland Parliament (the executive government) legislating to encroach on the exercise of judicial power..146