2 - Separation Of Powers Flashcards
What is lord actons quote about separation of powers
Power tens to corrupt, absolute power corrupts absolutely
What is Montesquieus opinion on SOP
Liberty is best protected of there is a separation of powers
What are the problems in the uk caused by the overlap between the executive and the legislature
Executive can rely on legislature to vote in favour
Membership of the executive is conditional on membership of the legislature
Party whips
What checks are performed by legislature on the executive
Question time, prime ministers questions, debates, select committees, standing committees
What are the differences between select and standing committees
Select committees are permanent whom perform checks on the expenditure, procedure and administration whereas standing committees are temporary to examine a bill in detail at the committee stage
What checks are performed by the judiciary on the executive
Judicial review
What was the malone v metropolitan police commissioner 1979 case
Home office issued a warrant to tap malones phone. Malone argues this was an invasion of privacy. Court upheld there was no rule regarding invasion of privacy and the court was not responsible for creating law and this should be dealt with by parliament
GCHQ case 1985?
Prime minister Margaret thatcher ordered that civil servants who worked for GCHQ could not be members of trade unions through prerogative power as this was a case of national security. Court upheld that there were no powers which were not subject to judicial review however national security was beyond the remit of the judiciary
R v Secretary of State for the home department 1995
Criminal injuries compensation scheme was to be brought into place on a date decided by the Home Secretary however they claimed that it would not be brought in after the criminal justice act. The fire brigades union appealed and the court upheld that the minister was defying the will of parliament and that a member of the executive branch cannot override the parliaments law making authority
M v home office 1993
M was seeking political asylum in the UK but both his claim and appeal were rejected. New evidence came to light and the court ordered the Home Secretary to refrain from deporting him. The secretary ignored the court order as they believed they did not need to follow court orders. The Home Secretary was found in contempt of court as the executive branch is subject to oversight by the judiciary
Shaw v DPP 1962
Shaw issued a book of prostitutes information and was informed by police that he would not get a criminal record. The courts found him guilty but shaw argued that there were no common law or statute regarding his actions. The court upheld their decision because they didn’t like it and this was creating new law which is supposed to be for parliament to do
Airedale NHS trust v bland 1993
Bland was in vegatative state for 3 years and the hospital applied with the consent from his parents to discontinue life sustaining machinery. His brain was still working so he technically wasn’t dead. Removing consciousness from somebody is homocide. The court granted permission which created new law in the UK.
