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QUESTION 8 The Honourable Justice John Wick is a Member of the Queensland Parliament who voted in favour of legislation for strengthening the border security

QUESTION 8

  1. The Honourable Justice John Wick is a Member of the Queensland Parliament who voted in favour of legislation for strengthening the border security laws in relation to offshore immigration. Justice Wick also hears and decides matters regarding offshore immigration in the Federal Court of Australia. Which one of the following is correct?
  2. a.This is a situation which is a potential conflict under the doctrine of the separation of powers as the legislature and the judiciary must be completely separate.
  3. b.This is a situation which is a potential conflict because there is a conflict of interest between the exclusive powers given to the judiciary and the Parliament under the Australian Constitution.
  4. c.There is no conflict here because he is a duly elected Member of Parliament and an appointed member of the Judiciary under the doctrine of the separation of powers.
  5. d.There is no conflict here because the judiciary and the Parliament both have the power to make and interpret the law under the doctrine of the separation of powers.

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