Separation of Powers

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  • Created by: Law1133
  • Created on: 29-04-16 14:01
Mill (Command of the Executive)
The only despotism of which in the modern world there is real danger - the absolute rule of the head of the executive over a congregation of isolated individuals all equal and all slaves
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John Adams (Checks and Balances)
Exercise of all power is subject to some kind of external check.
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Lord Hope: Judicial Independence
Central to the rule of law is the principle that the judiciary must be, and must be seen to be independent of the executive
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Dicey: P. Sovereignty
Parliament has the right to make or unmake any law whatever and further that no person or body is recognised by the law of England as having the right to override or set aside the legislation of Parliament
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Lord Hope (Jackson v A-G) (PS)
‘Parliamentary sovereignty is an empty principle if legislation is passed which is so absurd or unacceptable that the population refuses to recognise it as law’.
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Lakin – PS
– PS is so uncertain that it is implausible to suppose that officials and the public have accepted it. The doctrine is a myth and that only courts can determine what is legally valid since they apply the law.
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Jackson v A-G Lord Steyn (PS)
parliamentary sovereignty is, in the absence of higher authority, created by the common law.’)
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Thomas Paine (PS)
every age and generation must be as free to act for itself, in all cases, as the ages and generations which preceded it.
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Thoburn v Sunderland City Council – Laws LJ (PS)
‘a constitutional statute, ‘which conditions the legal relationships between citizens and state in some general overarching manner, or enlarges or diminishes the scope of what are now regarded as fundamental rights’, would be protected
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Other cards in this set

Card 2

Front

John Adams (Checks and Balances)

Back

Exercise of all power is subject to some kind of external check.

Card 3

Front

Lord Hope: Judicial Independence

Back

Preview of the front of card 3

Card 4

Front

Dicey: P. Sovereignty

Back

Preview of the front of card 4

Card 5

Front

Lord Hope (Jackson v A-G) (PS)

Back

Preview of the front of card 5
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