Separation of Powers Flashcards
(14 cards)
What is the separation of Powers?
A constitutional principle that divides government power into three branches
Legislative - makes the law
Executive - enforces the law
Judiciary - interprets and applies the law
What is the purpose of the separation of powers?
To prevent abuse of power and ensure check and balances between the branches of government.
What is the role of the legislature?
To make laws - This is Parliament, consisting og the House of Commons, House of Lords and the Monarch
What is the role of the executive?
To implement and enforce laws - This is the Prime Minister, Cabinet and Civil service
What is the role of the Judiciary?
To interpret and apply the law, ensuring justice is delivered indpendently and impartially
Is the UK a pure separation of powers system?
No - the UK has some overlap, particulary between the legislative and executive branches
GIve an example of overlap between the executive and legislative.
Government minister are usually MPs - they both create and enforce laws
What is the significance of the Constitutional Reform Act 2005?
It strengthend judicial independence by:
Creating UK Supreme Court
Separating the Lord Chancellor’s powers
Guaranteeinf independent appointment of judges
Why was the creation of the Supreme Court important?
It separated the highest court from Parliament as it was previously the House of Lords
Why is judicial independence vital to the separation of powers?
It ensures that judges can decide cases fairly, without pressure from government or Parliament
How are judges protected from executive interference in the UK?
Judges have security of tenure, fixed salaries and are appointed through an independent Judicial Appointments Commission
Can Parliament influence judicial decisions?
No - due to judicial independence, but Parliament can pass laws to overturn or limit judicial rulings
What is the danger of too much overlap between branches?
It can lead to a concentration of power, undermining democracy and rule of law
What principle complements the separation of powers in the UK
The rule of law - ensuring everyone, including the government, is subject to the law and legal limits
