Separation of Powers Flashcards
Who first expressed the notion of ‘Separation of Powers’ and who extended it?
- Montesquieu first instated the principle
- Blackstone built upon it
What are the 3 important Principles Relating to the branches of government?
- No one person can be part of more than one branch of government (The Lord Chancellor used to be involved in all 3)
- No branch of government should exercise the function of another
- Each branch should act as a check against the others to ensure that they do not act outside of their remit
In which case does Lord Diplock talk about the Separation of Powers?
- Duport Steel v Sirs [1980]
- The British Constitution is based firmly on the separation of powers
Which other cases emphasised the Separation of Powers?
- M v Home Office [1993]
- ex parte Fire Brigades Union [1995]: Parliament has an unchallengeable right to make law. The executive carries out the administration of the country. The courts interpret the laws and see that they are obeyed.
- Anderson [2003]
Which Recent Act impliedly supports Separation of Powers?
- Constitutional Reform Act 2005
- This reformulated the role of Lord Chancellor and introduced the Supreme Court
What are the 3 branches of government and what are their roles?
- Executive: Rule-applying
- Legislature: Rule-making
- Judiciary: Rule-Interpreting
What did Bagehot say about the Executive and Legislature in the 19th century?
-They were essentially fused
What does Anderson [2003] say about the role of an independent judiciary?
- An independent judiciary is essential for the separation of powers
- It is down to the judiciary alone to sentence prisoners
What is an example of a case where Parliament implicitly decided against the ruling of the court?
- Burmah Oil [1965]
- Parliament retrospectively reversed the HL’s decision that Burmah Oil was entitled to compensation for war damage by enacting the War Damage Act 1965
