seperation of powers Flashcards
(7 cards)
1
Q
what are the three types of state
A
- executive
- legeslatice
- judiciary
2
Q
what is the executive
A
- body who execute the law
- made up of government and law enforcement body
3
Q
what is the legeslative
A
- the body who legislate e.g make laws
- made up of parliment house of commons, house of lords
4
Q
what is the judiciary
A
- body who applies the laws
- includes courts responsible for applying laws
5
Q
why must the judiciary be seperate
A
- to ensure fair, impartial justice is delivered
- not one body holds all power in society
- doctrine provides a system of checks and balances, judges are required to ignore pressure from ,legeslature and executive outside pressure and prejudice
6
Q
what was before 2005
A
- lord chancellor was one of the most powerful and significant in the uk
- judiciary selected by lord chancellor through secret surroundings which depended non private communications about possible appointments, the tappiing of the shoulder
- the highest court was within the house of lords, the members of this court also sat within the legislature
7
Q
what was post 2005
A
- introduction og constitutional act reform led to reform of issues such as:
- creation of supreme court which seperated highest court from HOL
- creation of lord cheif justice who serves as head of the judiciary
- judicial appointments committed was to oversee the selection and appointments of the judiciary, though the lord chancellor must confirm the selections
- judges have immunity from punishment for their decisions