Public Law - Separation of Powers in the UK Constitution? I - Introduction
- Created by: Alasdair
- Created on: 13-11-20 03:46
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- Separation of Powers in the UK Constitution? I - Introduction
- No formal separation of powers under UK constitution
- Lord Hunt
- 'We do not have a written constitution in the UK, or a formalised separation of powers, so it is particularly important that we are on our guard against anything that blurs the lines between the legislative, judicial and executive branches of state.'
- Why there is no formal separation of powers within UK constitution?
- no formal 'break' in constitutional history of UK
- Unlike USA
- Constitution was written in 1787 shortly after War of Independence from GB
- One of key objectives of founding fathers was to write document which would ensure separation of powers between executive, legislative and judicial branches of state
- Thereby, preventing exercise of tyrannical and arbitrary government by executive (which fathers saw as weakness in GB Constitution
- Means UK constitution developed on ad hoc basis and remains unwritten
- As result of having unwritten constitution, no formal system or arrangement has been put in place to ensure separation of powers maintained
- Instead, partial separation of powers between three branches of state exists, together with informal system of checks and balances
- As result of having unwritten constitution, no formal system or arrangement has been put in place to ensure separation of powers maintained
- Unlike USA
- no formal 'break' in constitutional history of UK
- Executive branch of UK
- Made up of Queen, PM and other government Ministers, civil service, and members of police and armed forces
- Central government
- Comprises Queen, government ministers and members of civil service
- Crown
- Central government plus members of police and armed forces
- Judicial branch of state
- Made up of Queen, all legally qualified judges and magistrates
- Queen
- Part of all three branches of state
- Role is largely ceremonial
- Government is legally 'Queen's Government'
- In reality, government ministers appointed by PM
- By convention, most of Queen's legal powers are exercised by Government on her behalf
- Part of legislature
- Because she must give her Royal Assent before a bill passed through Parliament can become Act of Parliament
- Queen may refuse to give Royal Assent to bill, by convention she always gives this
- Because she must give her Royal Assent before a bill passed through Parliament can become Act of Parliament
- Head of judiciary
- Judges are 'Queen's judges' and courts are 'Queen's courts'
- Hence 'R v..' with R standing for 'Regina' or 'Rex' or the Crown
- Queen doesn't exercise any judicial power
- Judges are 'Queen's judges' and courts are 'Queen's courts'
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