Separation of Powers

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  • Examples of overlap within the separation of powers
    • The executive and other branches
      • Government have the power to enact and delegate legislation. This can be seen as a legislative power
        • Legislature and other branches
          • There is very little separation between Parliament (Legislature  and central government (executive)
            • Government is established from Parliament following a general election
              • Appointed government ministers sit within Parliament
          • The House of Commons Disqualification Act 1975 stops Lords, Judges, members of the army etc. from sitting in the Houses of Commons. This helps to lessen the overlap
          • Government ministers in Parliament are reduced to a maximum of 30
          • The existence of the HoL also provides separation as they are unelected members of the legislature
      • Government ministers in Parliament are limited to 30
      • PMQs act as a system of checks and balances against the executive to ensure the government are being held to account
      • Select Committees scrutinise the government by investigating their actions
      • General Elections
      • Parliament has the power to make laws affecting the courts
        • The Judiciary and other branches
          • The constitutional reform Act 2005 helped separate legislature and judiciary by making the UKSC a separate institution to what it was prior; The HoL
          • The executive and judiciary exist fairly separately by nature
            • The executive and other branches
              • Government have the power to enact and delegate legislation. This can be seen as a legislative power
                • Legislature and other branches
                  • There is very little separation between Parliament (Legislature  and central government (executive)
                    • Government is established from Parliament following a general election
                      • Appointed government ministers sit within Parliament
                  • The House of Commons Disqualification Act 1975 stops Lords, Judges, members of the army etc. from sitting in the Houses of Commons. This helps to lessen the overlap
                  • Government ministers in Parliament are reduced to a maximum of 30
                  • The existence of the HoL also provides separation as they are unelected members of the legislature
              • Government ministers in Parliament are limited to 30
              • PMQs act as a system of checks and balances against the executive to ensure the government are being held to account
              • Select Committees scrutinise the government by investigating their actions
              • General Elections
              • Parliament has the power to make laws affecting the courts
                • The Judiciary and other branches
                  • The constitutional reform Act 2005 helped separate legislature and judiciary by making the UKSC a separate institution to what it was prior; The HoL
                  • The executive and judiciary exist fairly separately by nature
                    • Pre-2005 there was a severe overlap between the legislature and judiciary. The Constitutional Reform act was necessary if the Rule of Law was to be respected
                  • They tell the courts how far they can go in their judicial law making ability
                    • Section 3 of the Human Rights Act is an example
            • Pre-2005 there was a severe overlap between the legislature and judiciary. The Constitutional Reform act was necessary if the Rule of Law was to be respected
          • They tell the courts how far they can go in their judicial law making ability
            • Section 3 of the Human Rights Act is an example

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