Unit 2: Separation of Power and the Rule of Law

Question 1

House of Common Disqualification Act

Answer 1

Separation of Power - Legislative and executive - In terms of personnel - Separated

Question 2

Constitutional Act Reform 2005

Answer 2

Separation of Power - Executive and judiciary - In terms of personnel - Separated

/ In terms of checks and balance -
Effective control: independence of judiciary - Appointment

Question 3

Case of Proclamations (1611) / Miller/Cherry / ex p Bentley

Answer 3

Separation of Power - Executive and judiciary - In terms of checks and balance - Actual control: Judicial Review

Question 4

Senior Courts Act 1981 & the Constitutional Act Reform 2005

Answer 4

Separation of Power - Executive and judiciary - In terms of checks and balance - Effective control: independence of judiciary - Tenure

Question 5

Jackson

Answer 5

Separation of Power - Judiciary and legislative - In terms of checks and balance - Actual control: Judicial Review