Legitimacy, Separation of Powers and the Rule of Law Flashcards
What are some overlaps between the Executive & Legislature?
Government ministers can be MPs
“Elective dictatorship”
Lack of power of House of Lords
What is meant by “elective dictatorship”?
o First past the post system means that most MPs in House of Commons will be of the political party that forms the Government
o Bills introduced by government ministers
o Government whip controlling voting of MPs
o Limited scrutiny of delegated legislation
o Henry VII powers allow government to amend primary legislation by way of delegated legislation
What are some separations between the Executive & Legislature?
House of Commons Disqualification Act
Scrutiny by MPs of Government
Conventions
What conventions are relevant with regards to the separation between the Executive & Legislature?
Collective cabinet responsibility - cabinet is collectively responsible to Parliament for the actions of the Government as a whole, and the Government must retain the confidence of the House of Commons
Individual ministerial responsibility - ministers are responsible to Parliament both for the running and proper administration of their respective departments and also for their personal conduct
What are some separations between the Executive & Judiciary?
Constitutional Reform Act 2005
Security of tenure
Immunity from civil action for MPs when carrying out duties
No criticism of judicial decisions by members of the executive by convention
Sub-judice rule
Judicial Review
Limitation on extent of Royal Prerogative by judiciary - case law has established that new prerogative powers cannot be created and existing prerogative powers cannot be extended
What was the impact of the Constitutional Reform Act 2005?
Judicial Appointments Commission to appoint judges
Appointment of Lord Chief Justice (transferring justice from the Lord Chancellor who was a member of both)
Supreme Court to replace judicial committee of the House of Lords
What is security of tenure in relation to the Judiciary?
Cannot be dismissed by executive
Salary determined by separate body
Contempt of court laws ensure there is no outside interference in the administration of justice
What is the sub-judice rule?
Parliament refrains from discussing matters currently, or waiting to be, heard by the courts
What are some overlaps between the Executive & Judiciary?
Quasi-judicial functions of executive – e.g. making of compulsory purchase orders
Judicial review – only considers the process, not the merits of a decision
Non-justiciable Royal Prerogative powers – the courts cannot intervene, includes making of international treaties, control of the armed forces, and other defence matters, and the dissolution of parliament
What are some separations between the Executive & Judiciary?
House of Commons Disqualification Act – provides that judges cannot be MPs
No criticism of judges – convention that MPs will not criticise
Judges do not engage in political activity
Sub-judice rule
Freedom of speech in Parliament
What are some overlaps between the Legislature & Judiciary?
Legislative function of the judiciary – interpretation of statues and development of common law
Public inquiries – senior members of judiciary have been appointed to oversee public enquiries
What is Dicey’s first principle of the rule of law?
No one should be punished except for a breach of the law established before a court of law
Is the Royal Prerogative capable of being judicially reviewed?
Yes - however, certain Royal Prerogative powers are not “justiciable”, such as the making of treaties using RP
