Is the Governor-General more powerful than the Parliament or the High Court?
Thank you for a very interesting question. It depends on what type of power you mean. The Governor-General, Parliament and High Court all play a different but important part in our system of government.
These roles are defined by the Australian Constitution, which separates the power to make and manage laws between 3 groups – the Parliament, Executive (the Governor-General, prime minister and ministers) and Judiciary (courts). This separation of powers guards against the misuse of power by one person.
The Constitution says the Governor-General is part of the Parliament and the Executive, and appoints judges to the High Court. However, this does not mean the Governor-General is the most powerful person in Australia’s system of government. For example, the Constitution states that the Governor-General is part of the Executive but in practice the Governor-General always acts on the advice of the prime minister and ministers, who are answerable to the Parliament.
Similarly, a bill passed by the Senate and House of Representatives can only become law if it has received Royal Assent – been signed by the Governor-General. Their role is to check that the Senate and House followed the rules in the Constitution when making the law. They do not give their opinion on the bill or refuse to sign it if they disagree with it.
As well as having the power to appoint justices to the High Court, the Governor-General can remove them in a case of 'proved misbehaviour or incapacity'. In both instances the Governor-General acts on the advice of the Executive. The Governor-General has no power over the judgements made by the High Court.