A Kavanaugh - Separation of P Flashcards
Why is the ‘pure’ doctrine of separation of powers considered outdated today?
The ‘pure’ doctrine of separation of powers is considered outdated because multifunctionality, where branches of government share functions and collaborate, is more relevant in modern governance.
How does multifunctionality prevent tyranny?
Multifunctionality prevents tyranny by ensuring that all branches of government contribute to law-making and supervise each other, thereby maintaining checks and balances.
What does multifunctionality acknowledge about the nature of law-making?
Multifunctionality acknowledges the collaborative nature of law-making while emphasising the importance of maintaining judicial independence.
Why is strict separation of powers unrealistic in modern states?
Strict separation of powers is unrealistic in modern states because branches often share functions and responsibilities, making strict division impractical.
What is the role of checks and balances in a government with shared functions among branches?
Checks and balances involve mutual supervision and interference among government branches, ensuring no single branch can dominate the others and preserving democratic principles.
Why is judicial independence important in a multifunctional government system?
Judicial independence is crucial to prevent courts from becoming tools of the executive or legislature, thereby upholding fairness and impartiality in the judiciary.
What role do courts play in a government where branches share functions?
Courts play a crucial role in interpreting laws, resolving ambiguities, and filling legal gaps, ensuring the law adapts to new challenges and contexts.
