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Flashcards in The Separation of Powers Deck (19)
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1

Constitutional Reform Act 2005

Removed some of the UK overlaps

2

Supreme Court was a committee in the HoL until

2009

3

Lord Chancellor

Office exists but no longer a judge

4

5.3 of Constitutional Reform Act 2005

Lord Chancellors + other ministers uphold judicial independence

5

Judicial Independence (4)

1) Duty of ministers
2) Rules against judges having conflict of interest
3) Judicial immunity
4) Judicial security of tenure for “good behaviour”

6

M v Home office (1992)

For govt minister to be in contempt - Ken Baker (Home sec)

7

Banking Act 2008

Empowered ministers to save falling banks - contrary to separation of powers

8

Negatives of Delegated Legislation

1) Concentrates power
2) Can be abused
3) Difficult to keep an eye on

9

Negative procedure

Statutory Instruments become law unless challenged within 40 days

10

Role of joint committee on SIs (4)

1) Provide scrutiny
2) Don’t consider policy merits
3) Assess contents of SIs
4) Assess quality of drafting

11

Secondary Legislation scrutiny committee

HoL committee that refers to DL

12

Royal Prerogative Powers (4)

1) Commander in Chief
2) Sovereign can confer personal awards
3) Dissolution of Parliament
4) Sovereign can do no wrong

13

Delegated Legislation

Form of legislation that allows the government to make changes to the law without having to enact Act of Parliament

14

Statutory Instruments

Form of legislation that allow the provision of an act to be altered without Parliament have to pass a new act.

15

Privy council

Formal advisors to the sovereign

16

Orders in council

Issued by Queen with the advice of privy council

17

Byelaws

Laws made by local authority

18

Pros of DL (3)

1) Technical nature
2) Flexibility
3) Emergency Powers

19

Henry VIII clauses

Enables minister to alter or repeal acts by subordinate legislation