3) The Separation of Powers Flashcards
(21 cards)
What does the principle of Separation of Powers dictate?
Authorities in power should share that power as separate, individual institutions independent of each other
Who articulated the concept of Separation of Powers in 1748?
Charles Montesquieu
What are the three branches of the state?
- Legislature
- Executive
- Judiciary
What is the primary function of the Legislature?
Votes on and passes laws; scrutinizes executive
What is the role of the Executive?
Implements laws; creates policies/suggests new laws
What does the Judiciary do?
Interprets laws; enforces law
Why is the separation of powers important?
- Stops the concentration of power
- Provides checks and balances
- Ensures efficiency and good decision making
True or False: Judges should propose or vote on laws.
False
What would happen without the separation of powers?
One institution would fulfill all roles, leading to no checks and balances and little scrutiny
Who are historical examples of leaders that abused power without separation?
- Henry VIII
- Joseph Stalin
- Adolf Hitler
What is the difference between Pure and Partial Separation?
- Pure: No overlaps in roles
- Partial: Some overlaps in roles
What is a key overlap in the UK’s government structure?
The PM and Cabinet are made up of Members of Parliament
Fill in the blank: Ministers can pass _______ without requiring a vote in parliament.
secondary legislation
What significant change did the Constitutional Reform Act 2005 create?
Created the Supreme Court, separating it from the House of Lords
What role does the Lord Chancellor have after the Constitutional Reform Act 2005?
Member of the Cabinet & Secretary of State for Justice; oversees the court system
What established the Judicial Appointments Commission?
Judiciary appointed by an independent commission instead of the Lord Chancellor and Prime Minister
What is one remaining overlap between the Judiciary and Legislature?
Judges making law by deciding cases; checking if legislation is lawful
What does s.17 of the Constitutional Reform Act 2005 require from the Lord Chancellor?
To defend the independence of the judiciary
What recent developments bring the role of the judiciary into question?
Devolution, the Human Rights Act 1998, and growth of administrative law
Who noted that the Separation of Powers is a tricky principle?
Nick Barber
What is a concern regarding the institutional structure of the court?
It limits the capacity of judges to answer broader political questions
