Public Law - Separation of Powers & Rule of Law

Question 1

Is parliamentary approval required for military action

Answer 1

Obtaining prior approval for military action is a recent convention which should be followed except where an emergency exists

Question 2

What is the enrolled act rule

Answer 2

Acts passed using the Parliament Acts 1911 and 1949 shall not be questioned

Question 3

Can the court challenge the validity of an act banning judicial review

Answer 3

Yes, the courts would hear the challenge and determine whether the act was passed correctly. In Jackson, HOL confirmed they could consider whether an act had been passed correctly as the question relation to the legitimacy of the parliamentary process.

Question 4

What is the position on court’s ruling on prerogative powers

Answer 4

Historically, reluctant to review exercise of prerogative powers but this changed after CCSU case. However, in respect of political issues like treaty making, the courts will not review (Blackburn v Att Gen)

Question 5

How can the PM take steps to exert more control over judiciary?

Answer 5

May use majority in HOC to ensure law is changed to support the executive which can override any precedent set by case law.

Question 6

How can senior judges be dismissed?

Answer 6

Only by the monarch following a vote by both the Houses of Parliament. (Executive/legislature).