The Seperation of Powers

?
Who invented the seperation of powers?
Baron de Montesquieu
1 of 24
What should the power of the state be divided into?
legislature
executive
judiciary
2 of 24
What does the role of the legislature do?
Parliament
make laws
3 of 24
What does the role of the executive do?
Government
Administer law
4 of 24
What does the role of the judiciary do?
Judges and Majestrates
Apply Law
5 of 24
What is the theory of the seperation of powers?
each arm of the state is to remain seperate
neither should impinge on the others functions
where infringement occurs one arm of the sate may become too powerful
this would indicate an oppressive state and undermine the rights and liberties of citizens
6 of 24
What does the executive comprise of?
the crown
central government
local government
the civil service
the armed forces
police
7 of 24
What does the legislature comprise of?
Parliament comprises of the crown, house of commons and the house of lords
THC is superior to the Lords in its law making powers, made up of elected Members of Parliament who represent individual areas
Membership of the HoL consists of minority of heredi
8 of 24
What does the judiciary include?
all judges in the courts of law
those who hold judicial office in tribunals
lay magistrates
9 of 24
What is the seperation of powers within the UK?
UK does not strictly adhere to the doctrine
Montesquieu's works published in 1748 remain influential
it is used as a measure to assess performance of the state
it was the driving force behind the Constitutional Reform Act 2005
10 of 24
What is the executive and legislature?
Government is housed in Parliament alongside the legislature
Government ministers have dual roles forming both the executive and the legislature
Government is accountable to Parliament
Parliament has the ultimate power to dismiss a government and force
11 of 24
What is the executive law making?
Parliament may delegate its law making functions to the executive
Secondary legislation out numbers primary legislation by 30:1
Parliament retains a supervisory role overseeing the making of such laws
Primary legislation outranks secondary legislation gi
12 of 24
What is Judiciary and executive?
Judges have 'security in tenure'
Superior judges - Act of Settlement 1701
Inferior judges - inability or misbehaviour
Can not be dismissed on a political whim
Judges are not accountable to the executive or Parliament
13 of 24
What did M v Home Office 1994 say?
the judiciary has the power to find the executive in Contempt of court
Kenneth Baker failed to ensure court order was carried out - relating to not deporting an asylum seeker pending an appeal
14 of 24
What do judges have the power to do through judicial review?
judges have the power to strike down decisions and delegated legislation made by the executive through Judicial review
15 of 24
What is the judiciary and legislature?
Judges are subordinate to Parliament and have no power to challenge the validity of Acts of Parliament which have followed the correct procedure
Judges are prohibited from standing to election to Parliament under the THC
Senior judiciary are no longer ab
16 of 24
Judicial law making
what did Lord Goff say?
he described the declaratory theory as a fairy tale - a mere fiction in which no one believes but accepted that the common law still operates retrospectively
17 of 24
What will judges do when interpreting acts of parliament?
it will inevitably impinge on Parliaments function of law making
18 of 24
What does the supremacy of statutes over common law ensure?
it ensures Parliament retains ultimate control and power of the law making process since it can pass legislation to override any case law
19 of 24
What was the Lords Chancellors role prior to the constitutional reform act 2005 to do with judicial role?
head of the judiciary, appointed judges and sat as a judge in the house of lords and privy council
20 of 24
What was the Lords Chancellors role prior to the constitutional reform act 2005 to do with executive role?
Lord Chancellor is appointed by the Prime Minister as a member of the Cabinet they therefore play a central political role in government
21 of 24
What was the Lords Chancellors role prior to the constitutional reform act 2005 to do with the legislative role?
The Lord Chancellor also presided over the House of Lords as its speaker thereby fulfilling a legislative role
22 of 24
Why was the role of Lord Chancellor frequently criticised?
it was frequently criticised as violating the doctrine of seperation of powers and concentrating executive, judicial and parliamentary functions in one person
23 of 24
What was the Constitutional Reform Act of 2005?
strengthened the seperation of powers and the independance of the judiciary
modified the role of Lord Chancellor
abolished the House of Lords court
created the Supreme Courts
abolished the position of law lords
created new independent Judicial Appointme
24 of 24

Other cards in this set

Card 2

Front

What should the power of the state be divided into?

Back

legislature
executive
judiciary

Card 3

Front

What does the role of the legislature do?

Back

Preview of the front of card 3

Card 4

Front

What does the role of the executive do?

Back

Preview of the front of card 4

Card 5

Front

What does the role of the judiciary do?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Nature and Concepts resources »