Separation of Powers

Let me first of all just say, that while I love the Doctrine of the Separation of powers,  I learnt today, that is has some very fundamental flaws that I am just not happy about. 

This Doctrine, for those who are unawares, essentially provides checks and balances through the constitution on the institutions of government. We have three arms- The legislature, which is comprised of those who make the laws, the executive, which is those who put the laws into operation and last but not least, the judiciary, who interpret these laws. That's the basics. In a nutshell.

In my administrative law class today, we were discussing how often the line between these branches is somewhat blurred. The executive is often part of the legislature and the judiciary, although supposedly the most independent of all the branches, often overlaps with the executive and let's face it, it's hand picked by the government anyway. 

And then there is the issue of accountability. Okay, so the judiciary is accountable to the people. Who are "the people?" How can they be accountable to all citizens as a collective whole when in fact, no one shares the exact same opinions on anything. At the moment, there is an enormous push from the government, who are essentially all from older generations, for more conservative policies. Those ministers affiliated with religion in particular, and its associated morals seem to be pushing the country backwards. All the hard work done to revolutionize Australia, and make it a free world to live in is being undone with people wanting abortions banned, drinking ages raised, bans on homosexual marriage... The list goes on.

So this got me thinking, does this really lead to a fair and just system, or is the potential for and likeliness of, corruption just too overwhelming? Would the government really pick a judge who was against their government stances? I think not. Would a judge who was part of an executive body really be able to act equally fairly in both? I would imagine it is unlikely. It all looks so great in our all encompassing constitution, which gets placed on a pedestal and worshipped for its brilliance and yet, it seems to me so fundamentally flawed. What hope does this country have of moving forward if scientific research is being blocked as a result of a governments moral whims. What hope of happiness do homosexual couples have if they arn't even allowed to be recognized as a proper couple? What hope does the country have of peace and unity, if it goes against the wishes of its youth on a daily basis? Suffice to say, if the legislature makes these conservative laws, the executive implements, the judges enforce them, and in the end it's all the same people with no real separation, what will become of Australia?